Atlantic Street was forced to make out-of-pocket emergency repairs to prevent further damage at “substantial expense.” It also claims that it lost rental income during the maintenance, and repair of the building.
The insurer has not yet responded to the complaint, but according to the arguments made in the complaint, it appears that the insurer is subscribing blame for the damage squarely on Atlantic Street.
From a review of documents and information related to this case, it appears that an expert engineer had previously concluded that an issue with draining allowed water to collect on the roof, which resulted in damage to the trusses, which then allowed even more water to accumulate until the supports failed.
Although Citizens Insurance Company has not yet responded to the complaint, it can be surmised, that at least one of the insurer’s arguments in support of denying the claim would be that the policyholder failed to mitigate damages, by ignoring the drainage issues.
