CSK Defense Team
Fort Lauderdale East Partner Jose Campos
Tampa Partner Lauren Kilgore
Case Summary
This property insurance dispute arose from alleged sewer backups affecting a residential home. The Plaintiff claimed that wear, tear, and deterioration of cast iron plumbing pipes caused repeated backups in a guest bathroom, resulting in water damage to the bathtub and sink. The Plaintiff further asserted that resolving the issue required tearing out portions of the home’s slab and replacing the entire cast iron pipe system.
The Defendant, a property insurance carrier, disputed these claims, maintaining that the issues were not caused by pipe failure and did not justify a full system replacement or extensive repairs.
Defense Strategy
The CSK Defense Team reframed the claim as a fixture and maintenance issue rather than a systemic pipe failure. Through evidence and testimony, the defense demonstrated that the drainage problems were caused by clogs unrelated to pipe deterioration. The defense also showed that the plumbing system continued to function properly, even with foreign objects introduced into the pipes.
By distinguishing clog-related conditions from actual pipe failure and emphasizing the system’s continued operation, the defense challenged the necessity of slab tear-out and full pipe replacement. Appellate counsel from CSK also played a key role by structuring the verdict form to isolate the critical issues for the jury, reflecting the collaborative effort across multiple members of the firm’s legal team.
Outcome
The jury returned a complete defense verdict. Although the jury found that the Plaintiff proved wear, tear, deterioration, corrosion, or rust to the cast iron system during the policy period, it ultimately determined that the Plaintiff did not prove it was necessary to tear out or replace any part of the home to repair the system. As a result, the jury did not reach the issue of damages.
This outcome highlights the importance of early focus on the verdict form, clearly defining the cause of loss, and distinguishing between maintenance issues and conditions warranting extensive repairs.
Special Thanks
Miami Partner Daniel Maher
Jacksonville Partner Liana Jackson
Jacksonville Legal Assistant Stephanie Jarnutowski
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