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Roger, Attorney
Category: Legal
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Lift station in neighborhood struck by lightning, flooded

Customer Question

Lift station in neighborhood struck by lightning, flooded home with raw sewage. City denied claim 3 times. Changed insurance companies during this time. Discovered issue was that city hired 3rd party (motorola) to add wi-fi to area. Utilized lift station power source and didn't ground it, so in essence the antenna served as a lightning rod and the system failed. City admitted this has happened before.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes. Been given runaround due to 1st party vs 3rd party...was only willing to sue homeowners insurance which excluded this type of event. Found 3rd party who then said doesn't fit into business plan to handle this type of case. Damages have been estimated to be $60K without personal belongings included.
JA: What advice did they give you?
Customer: The city mgr told us to sue the city in order to collect & file complaint with state insurance commission. That is in process. The further issue that hasn't been addressed is the safety concern over whether all the mold is gone because the walls were never taken down, nor any downstream health concerns as a result of standing in raw sewage until the fire dept showed up.
JA: Is there anything else important you think the Lawyer should know?
Customer: The damages were doubled as a result of the fire dept going upstairs to verify if flooding occurred and trekked though the sewage in doing so and cross-contaminated the upstairs thereby forcing all the carpet to be torn up and discarded.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Did the city or the city's insurance company deny the claim?

Customer: replied 1 year ago.
Expert:  Roger replied 1 year ago.

Ok. If the insurance company denies the claim, then your only choice is to sue the city, which will invoke coverage from the insurance company and give you a better chance to get the thing settled.

Expert:  Roger replied 1 year ago.

The insurance company likely will not pay a claim until suit is filed and pressure is put on it by you and by the city (as the defendant usually wants to settle any claim as long as it is within the policy limits of the insurance policy).

Expert:  Roger replied 1 year ago.

Hi - please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!