Pittsburgh residential high-rise Gateway Towers files lawsuit
Almost three months after being deluged by a broken Downtown water main, Gateway Towers Condominium Association is fighting its insurance company over who is responsible for paying for the damage and subsequent clean-up.
Gateway Towers, home to 350 people, filed a lawsuit in federal court against Nationwide Insurance Co. after being rebuffed a number of times since the water main broke 12 weeks ago. The association is seeking payment in excess of $75,000, although the actual amount is not listed in the court papers.
Nationwide claims the insurance policy does not cover water damage originating off the premises, including tidal waves, surface water and -- in some cases -- ground water, according to the lawsuit. The association argues the water main break did not void the policy.
On Aug. 17, an 80-year-old, 36-inch water pipe broke beneath Fort Duquesne Boulevard outside One Gateway Center. Water filled the parking garage below Gateway Towers and flooded surrounding streets. The water measured 3 to 4 feet deep around Gateway Plaza.
Officials said at the time that Gateway Towers, at 320 Fort Duquesne Blvd., was the most severely damaged of the buildings in Gateway Center.
Under the policy Gateway Towers signed with Nationwide, the insurance company is exempt from water damage if it arises from "flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; mudslide or mudflow; water under the ground surface pressing on, or flowing or seeping through foundations, walls, floors or paved surfaces; basements; or doors, windows or other openings."
The lawsuit states that Nationwide representatives turned down claims without inspecting damage and have refused to say which portion of the exclusions applied to the water main break.
The lawsuit asks the court to define Nationwide's responsibility and to punish the insurance company for its bad faith handling of the claim.
Heath Monesmith, an attorney with the Downtown firm Kirkpatrick & Lockhart Nicholson Graham representing Gateway Towers, had no comment Monday. Nationwide representatives could not be reached.
