Tarentum’s current, former insurer deny responsibility for couple’s water-damaged house

July 11--A Tarentum couple says the borough owes them for damage caused to their West Eighth Avenue house after the borough failed to shut off the water as they had requested.

The borough, in turn, is taking legal action against two insurance companies it had during the time the damage allegedly occurred. Both companies have denied responsibility.

Meanwhile, John and Basia Goral are left with a water-damaged house that smells of mold and mildew that they can't sell, and a strong desire to move away.

"We want our money. They need to pay us," John Goral said. "They have money for concerts, for fireworks and everything else. They can pay us, not leave us stuck here."

In October, the Gorals sued Tarentum in Allegheny County Court, seeking $82,000 for the damage they claim happened between late 2012 and June 2015.

The borough has not yet responded to the complaint, according to court records.

The Gorals say they asked the borough in October 2012 to shut off utilities, including water, to the house at 427 W. Eighth Ave. Then they secured the house, believing that had been done.

Although the couple lives next door, they did not enter the house again until June 24, 2015, when they wanted to begin preparing it for sale along with the house in which they live. That's when John Goral said they discovered that the water had not been fully shut off.

The couple "found water running out of a ruptured copper plumbing line in the basement as well as substantial damage and buckled hardwood floors in the kitchen, confirming that the water had never been turned off at the street level" as the borough had promised, their complaint states. "There were substantial leaks throughout the entire property causing substantial damages."

John Goral said the water ruined extensive work he had done on the house. There's still mold on floors, walls and cabinets. A new furnace was ruined by water that flowed into it through a vent.

Water "ran throughout our home destroying everything in its path after the pipes froze during the winters," John Goral said.

The damage has made it impossible for the Gorals to sell the houses and move as they had planned.

"They need to pay us for our damages so we can move on with our life," John Goral said.

Borough Solicitor Charles Clark declined to comment on the Gorals' claim.

Insurance dispute

Complicating the Gorals' claim is that the borough changed insurance companies after the agreement to shut off the water was made and before the damage was discovered. Both companies, Selective Insurance and Phoenix Insurance, have declined to defend the borough or provide coverage.

The borough went to court in May, asking that a judge declare that one or both of the companies have a contractual duty to defend and provide coverage.

According to Tarentum's complaint, Selective was the borough's insurer from Aug. 1, 2007, to Aug. 1, 2014.

Selective denied coverage, stating "the loss in question did not occur during a policy term insured by Selective."

A Selective representative did not respond to a request for comment.

The borough's coverage with Phoenix began on Aug. 1, 2014, and runs through Aug. 1 of this year. That company claims the damage happened before their coverage began.

Phoenix spokeswoman Judy Senechal said the company does not comment on litigation.

Clark said the companies need to provide coverage or defend the borough against the claim.

"If they see fit to pay them, that's fine," he said. "The borough shouldn't bear this because we have insurance."

John Goral said the borough's insurance travails aren't his problem.

He said $82,000 is the lowest estimate they've gotten to fix the house. He expects the cost to be much higher -- after visible breaks were fixed, the water was temporarily turned back on and began pouring out of the walls, ceilings and floors, indicating numerous other breaks yet to be found or fixed. The water is off again.

But with an Allegheny County assessed value of just $29,300, the Gorals reluctantly acknowledge the old house probably isn't worth fixing and will likely be demolished.

"It's wearing on us. We want out of here," John Goral said. "We need to get this resolved. The borough can't drag their feet and punish us as a result of their not shutting the water off."

Brian C. Rittmeyer is a Tribune-Review staff writer. Reach him at 724-226-4701 or at [email protected].

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