Elizabeth Leo obtained a defense verdict for an insurance company client in a case where the plaintiff was seeking compensation pursuant to a breach of contract action. The plaintiff claimed that she was entitled to damages pursuant to her homeowner’s insurance policy for damage sustained to her home when pipes froze, burst, and caused water damage.

Elizabeth argued that the plaintiff was not a resident at the premises which was in violation of the insurance policy terms and therefore coverage for the damage should be excluded. In addition, it was argued that the plaintiff failed to use reasonable care to maintain heat in the home and the plaintiff failed to drain water from the pipes, thereby triggering exclusion from any coverage from the client insurance company.

By way of evidence submitted to the Court, the Court agreed the plaintiff was not in compliance with the terms of the insurance policy and returned a verdict in favor of Elizabeth’s client, the insurance company.

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