[WSBARP] Referral - Claim Against City re Backup of Sewer Line

[Umar Gebril]

Inge,

I would love to look at the homeowner’s insurance angle for your client- insurance bad faith is the bulk of our practice, and we see water damage denials routinely denied by insurers but we litigate them frequently, with success. This one is worth a second look, if you’d like to put us in touch.

Thanks,

Umar

Umar Gebril | Attorney | Partner
Cascade Law, PLLC
www.cascade-law.com<http://www.cascade-law.com>
1604 Hewitt Ave, Suite 515
Everett, WA 98201
425.998.8999 main
425.300.5616 direct

Confidentiality Notice: This e-mail message, from Cascade Law, PLLC, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. The recipient is responsible to maintain the confidentiality of this information and to use the information only for authorized purposes. If you are not the intended recipient (or authorized to receive information for the intended recipient), you are hereby notified that any review, use, disclosure, distribution, copying, printing, or action taken in reliance on the contents of this e-mail is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail and destroy all copies of the original message.

On Apr 18, 2022, at 12:53 PM, Inge Fordham <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>> wrote:

Colleagues,

I am looking to refer a PC who purchased a home in mid-2021.  The Form 17 stated that the basement had flooded 3 times during rain events and outlined 3 separate repairs performed in 2018, 2019, and 2020.  PC had the side sewer inspected and discovered severe root intrusion into the sewer line.  PC had the line re-sleeved and backwater valve installed.  The newly installed backwater valve was installed to code and passed inspection.  Fast forward to Jan. 2022 … during a heavy rain event, the basement flooded with 4-5’ of water and sewage.  PC conservatively estimates damages in the range of $50k-$75k.  There does not appear to be a claim against the seller (as the prior flood events were disclosed). HO insurance denied the claim.

After speaking with neighbors, PC learned of at least one other flood in or around 2012 caused by a backup from the City of Tacoma sewer line during a heavy rain event.  The then-owner made a claim and the City is believed to have made a payment on that claim.  This is believed to be a recurring issue.  PC made a public records request and is awaiting production of records.  PC submitted his own claim for damages to the City of Tacoma, who sent a City Source Control Representative to investigate.  The City subsequently issued a letter denying the claim, stating that the Representative determined the stairwell drain was the source of the incoming water.  The stairwell drain did not have a backwater valve, which the Representative opined would have prevented the flood incident.  PC had a licensed plumber come out to inspect and install potentially install a backwater valve to prevent future flooding.  The plumber determined that the stairwell drain was not connected to the sanitary sewer system.  Therefore, a backwater valve would not have prevented the flood event and the stairwell drain was the source of the water and sewage.

PC is looking to appeal the City’s decision.  The goal is to get damages covered (and bigger picture, to stop the problem from happening again).  I have to think this isn’t the first time this has happened and am looking for referrals to a colleague (or colleagues) who have battled municipalities on claims like this.  Self-referrals are welcome.  All referrals will be forwarded.

Thank you,

<image001.png>
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com/>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220418/b08c2a72/attachment.html>