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Plaintiffs Insurers Allege City's Negligence Led to Costly Water Damage

NORTHERN CALIFORNIA RECORD

Sunday, March 30, 2025

Plaintiffs Insurers Allege City's Negligence Led to Costly Water Damage

State Court
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Superior Court of California - County of San Francisco | Official website

Allied World National Assurance Company and Golden Bear Insurance Company have taken legal action against the City and County of San Francisco, alleging significant property damage due to a failed water main. The complaint was filed on March 11, 2025, in the Superior Court of California for the County of San Francisco. The insurance companies claim that the City is responsible for damages exceeding $1.6 million following a water main failure near Sacred Heart Cathedral College Preparatory School.

According to the complaint, on March 27, 2023, a water main owned by the City and County of San Francisco failed at the intersection of Gough Street and Ellis Street. This failure led to substantial flooding at Sacred Heart Cathedral College Preparatory School, which is owned by the Roman Catholic Archdiocese of San Francisco. The plaintiffs assert that they have compensated or will compensate the Archdiocese over $1.6 million for damages incurred from this incident under their insurance policies.

The lawsuit outlines several causes of action against the City and unidentified defendants referred to as DOES 1 through 30. The first cause alleges inverse condemnation, claiming that the City's actions resulted in an unlawful "taking" of private property without just compensation, violating Article I, Section 19 of the California Constitution. Allied and Golden Bear argue that they are subrogated to recover these amounts from the defendants due to their payments to the Archdiocese.

The second cause accuses the City of maintaining a dangerous condition on public property. It asserts that prior knowledge existed regarding potential hazards posed by the Water Main and Water Supply System but corrective measures were not taken timely. Consequently, this negligence led directly to severe flooding and damage at Sacred Heart Cathedral College Preparatory School.

In addition to these claims, Allied and Golden Bear also accuse the City of trespass. They argue that without consent from their insured party—the Archdiocese—the defendants caused water intrusion into school premises resulting in further financial losses exceeding $1.6 million.

The plaintiffs seek various forms of relief including compensatory damages proven during trial proceedings; reimbursement for legal costs incurred; prejudgment interest; attorney's fees as permitted by law or contract; along with any other relief deemed appropriate by court discretion.

Representing Allied World National Assurance Company and Golden Bear Insurance Company is attorney Barrett Kiernan from Cozen O'Connor law firm based out of San Diego. The case has been assigned Case No.: CGC-25-623204 within San Francisco's Superior Court system where it awaits judicial review.

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