Insurer Loses Motion to Dismiss Claim by Duluth homeowner
A Minnesota District Court trial judge in Duluth has ordered a property & casualty insurance company to cover a Duluth man’s property damage resulting from city water main break a week before Christmas, 2013. Coverage for more than $20,000 in damage to the home and its contents from water flowing into the home from the broken water main was denied by the insurer. The Duluth homeowner retained attorney Jim Balmer, who first brought an action against the City of Duluth for the damage. When that claim was dismissed on immunity grounds by the Minnesota District Court, Jim brought suit against the insurer, contending the policy afforded coverage for this sort of loss.
The Minnesota District Court trial judge agreed, denying the insurer’s motion to dismiss the coverage claim. The action will now be set for trial by jury, although the trial judge’s denial of the insurer’s motion to dismiss makes it quite likely coverage will be found and the insurer will be ordered to pay for the homeowner’s loss after trial.