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Alvarez — Water damage, 4412 Cypress Bend

PropertyClaims — Property · 4water damageprior claim historyROR issued
Status
Due date
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Assignees
MEMarcus ElyDWDana WhitakerCBChristian Brown
ROR issued 8 July — coverage position due within 15 days.

Documents

8

Conversations

3

Notes & Checklists

1

Tasks

1/5

Review Matrix

2

Drafts

2
Claim file5 tasks open on this claim · every section cites its source

Rosa Alvarez reported water damage to the second-floor bathroom and the ceiling below on 16 June, two days after discovery. The insured policy is HO-8823119, an HO-3 in force since March 2021, with a $2,500 deductible and no water-damage endorsement. DryPoint Restoration's mitigation invoice is $18,400; the Xactimate estimate for repairs is $61,900. The field inspection found staining consistent with long-term seepage around the shower pan, which is what puts coverage in issue. A reservation of rights went out on 8 July. The file is open on coverage, not on quantum.

Drawn from
Repeated seepage over 14 daysmoderate confidence
Position: Likely excluded in part

Turns on § I.B.2(h) — constant or repeated seepage.

Resolves itThe moisture mapping report dates the intrusion to a 14-day window. An engineer's opinion on duration would settle how much of the substrate damage falls inside the exclusion.

Sudden failure of the shower panhigh confidence
Position: Covered

Turns on § I.A.12 — accidental discharge.

Resolves itA discrete failure is not deterioration even where deterioration preceded it. DryPoint's teardown photographs show the pan separation at the drain collar.

Prior claim at the same addresshigh confidence
Position: No bar, but relevant

Turns on Misrepresentation / concealment — not engaged.

Resolves itThe 2023 claim was a supply-line failure in a different location; it does not establish notice of the shower-pan condition. Nothing further needed.

Late noticehigh confidence
Position: Not a defence

Turns on § I.C.2 — duties after loss, prompt notice.

Resolves itTwo days from discovery is within the policy's prompt-notice requirement, and Texas requires prejudice. No prejudice is identifiable on this file.

Drawn from

Take a coverage position on the seepage exclusion before the 15-day ROR follow-up, then move to a settlement authority request.

Drawn from
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Scoped to Alvarez — Water damage, 4412 Cypress Bend — every document, chat, note and task on it.

Does the seepage exclusion apply to this loss?
Partly. The supply-line failure is a sudden and accidental discharge and is covered. Three of the four elevated moisture readings sit beneath the area repaired in 2023, and the staining there predates June — that portion falls inside the repeated seepage exclusion at § I.B.13. My read is pay the sudden event, decline the seepage portion, and keep the reservation of rights live on the balance.Field inspection reportHO-3 form § I.B.13
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