Property Damage Subrogation Action

Defendant’s verdict was obtained at Arbitration, which consisted of a three judge panel, on behalf of irrigation contractor servicing residential unit terrace of a high end New York City condominium building. As a result of a freeze condition a supply pipe servicing a frost free hose bib failed, resulting in a multimillion dollar claim associated with water damage. All adverse parties asserted that the freeze condition occurred as a result of our client’s attachment of irrigation related apparatus to the frost free hose bib. After funding a settlement agreement with the plaintiff, defendants proceeded to Arbitration. Based upon pre-arbitration statements, testimony, and post arbitration statements the panel declined to assess any liability against our client. The panel concurred with our argument that the involved irrigation apparatus was thermally insulated from the condominium unit’s frost free hose bib and as such, could not have negatively impacted its functionality.