Kyle Barnett Jan. 8, 2015, 8:34pm


GRETNA – A local homeowner is suing his property insurer for allegedly failing to properly cover damages to his home caused by a leaky toilet.

L. Walker Allen II filed suit against Privilege Underwriters Reciprocal Exchange in the 24th Judicial District Court on Oct. 25.

Allen alleges that his home located at 189 Highway 22 East in Madisonville was covered by property insurance provided by Privilege Underwriters Reciprocal Exchange through Eagan Insurance Agency Inc. The plaintiff contends that he paid the defendant an extra premium expressly to cover water leaks. Allen asserts that on April 28, 2014 he found the custom pine flooring behind his toilet tank was discolored and soft due to leaking from the toilet’s valve stem.

The plaintiff claims that leak seeped into the subflooring and under an adjacent wall in a walk-in closet and into the floor joists below. In all, Allen alleges the total area that was water damaged was 20 feet. However, the plaintiff contends that the defendant refused to pay for all damages to the home claiming that they were worth less than the deductible. Allen asserts that Privilege Underwriters Reciprocal Exchange ignored the evidence that the water had caused significant damage.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for cost of all repairs.

Allen is represented by attorney John A. Hollister of Mandeville.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 743-696.

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