“As a direct and proximate result of [the defendants’] negligence, plaintiff Fox Chapel Golf sustained extensive damage to its real and business personal property,” Philadelphia Indemnity asserted. “Pursuant to the aforementioned insurance policy, Philadelphia Insurance is subrogated to Fox Chapel Golf for this loss.
Project Timeline Unravels in the Court’s Spotlight
The legal tussle traces its roots back to 2013 when Fox Chapel enlisted Franjo Construction as the general contractor for a substantial addition and renovation project. Franjo, in turn, subcontracted with Irwin, assigning them tasks crucial to the project’s success, including the installation of thermal insulation. Fast forward to the project’s completion in early 2016, only to have the bar and dining areas drenched in disaster in January 2022.
The calamity struck when a sprinkler line in the ceiling froze and burst, unleashing a deluge of water and potential legal repercussions. An inspection in April 2022 revealed a perplexing detail – the area around the ruptured pipe was “completely devoid of any insulation,” leaving it exposed to the unforgiving embrace of cold air, Philadelphia Indemnity revealed.
