Our client was sued by his landlord’s insurance company for subrogation, with alleged property damages exceeding $100,000, plus interest. The insurer claimed the client had attached a hose with a timer to his kitchen sink, which caused a water leak while he was out of town. The leak damaged two stories of the apartment building. After completing the repairs, the insurance company filed a lawsuit against the client to recover their costs.
However, the complaint lacked key facts—such as any clear allegation that the client caused the leak or even identifying the insurer properly. The insurance company also failed to sue the hose manufacturer and didn’t have possession of the hose involved.
How Stone & Sallus Helped:
Stone & Sallus vigorously defended the client by identifying the weaknesses in the insurance company’s complaint. They filed a motion for judgment on the pleadings, highlighting the lack of factual support and legal merit. This strategic move pressured the insurance company to dismiss the lawsuit before the court even heard the motion.
As a result of this aggressive defense, the insurance carrier not only dropped the case but also agreed to reimburse the client’s attorneys’ fees. Stone & Sallus saved their client from a potentially devastating financial liability and secured a favorable resolution, both legally and financially.
