Oldsmar homeowner alleges insurer failed to cover water damage

By Jenie Mallari-Torres | May 24, 2018

CLEARWATER — An Oldsmar homeowner is suing an insurer, alleging breach of an insurance contract.

CLEARWATER — An Oldsmar homeowner is suing an insurer, alleging breach of an insurance contract.

Arsenio Mesa filed a complaint May 3 in Pinellas Circuit Court against Heritage Property & Casualty Insurance Company, alleging failure to pay for a covered loss. 

According to the complaint, on Dec. 7, 2016, Mesa's property at 301 Country Club Drive, Oldsmar, suffered damages due to a water discharge in the kitchen, resulting from a plumbing leak or break underneath the sink. The suit says the damage is a covered peril under Heritage's policy but the defendant has constructively denied the claim in violation of the terms of the insurance contract. 

The plaintiff alleges Heritage Property & Casualty Insurance has failed to make a coverage determination of the loss, refuses to honor its contractual obligations to protect Mesa's assets and fully pay for all covered losses.

Mesa seeks trial by jury,  judgment of more than $15,000, plus costs, prejudgment interest and attorney fees. He is represented by attorneys Jonathan Drake and Manuel L. Iravedra of Strems Law Firm in Tampa.

Pinellas Circuit Court case number 18-CA-2857

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