This is a Texas Claim under a Texas HOA-modified which is the most sold policy in Texas after the mold gold in the early 1990`s This policy is named peril and accidental damage by frozen pipes is covered with the due dilagence conditions, namly heat in the building OR the water turned off and the pipes drained. No question the house was un occupied
This was presented to me at church this morning by the agent of the insured. The named insured is a single man , age 50 who lives in a small 2 BR one bath house alone. He was sent to prison for Income tax problems in October 2009. His elderly parents prepaired the house for a long un occupied time. They locked the house, turned off the power, gas, phone, cable TV, the water and sewer and drained all the faucets and hose bibs in the house. This was witnessed by another neighbor who used his shovel to uncover the water meter, this same neighbor witnessed the "winterization of the house from freeze"
About Jan. 9th 2010 the neighbor heard a sound and saw water coming out of the soffit vents. He went inside with his key and found all the floors under 2 inches of water and the ceiling on the floor in two rooms. The building and contents have about $15,000.00 damage.
Investigation revealed the following this. is older neighborhood has the old type water meters that have to read by a meter reader(somewhat like a roof thumper) the city contracted with a sub contractor to replace all the meters with a battary read/transmit. A notice was mailed to all the houses and the notice was still in the mail box. It seems the subcontractor turned the water back on a day orhe do before the freeze.
Now don,t holler benefit of doubt. The facts and contract is clear. Don,t say pay and subrogate against the sub-contractor. The contract is clear and it does not cover any consequential damage from any event. I did not tell the whole truth, this is now my losses to make a recommendation on.Both Steve's, Leland, Tom, and Randy Cox, Bob H and others who can think, I think this is a good training topic.