Bienenstock v. Federal Insurance

This matter was submitted for the court’s determination upon an agreed statement of facts. It is conceded that an underground pipe within the plaintiff’s residence building line, and under his front lawn froze on February 13, 1973, and that plaintiff, as a consequence, paid $855 to correct the situation. The plumber’s bill for repairs states: “ Answer[ed] emergency call found water main had frozen and cracked in lawn causing flood, when thawed. Dug up street. ’ ’ No question was raised with respect to the reasonableness of this bill.

Plaintiff sues defendant under a homeowner’s insurance…