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Commonwealth of Massachusetts
HAMPSHIRE, ss. Hampshire Superior Court
Department of the
Trial Court
Civil No.: 2480
CV 0053
KATHRYN BROWN,
Plaintiff
Vv
COMPLAINT
PARADISE CITY COMMERCIAL
PROPERTIES, INC. fka THE
HAMPSHIRE PROPERTY
MANAGEMENT GROUP, INC. and
ARBELLA MUTUAL INSURANCE HAMPSHIRE SUPERIOR COURT
COMPANY and UNION MUTUAL
FIRE INSURANCE COMPANY,
MAY 1 5 2024
Defendants HARRY JEKANOWSKI, JR.
CLERK/MAGISTRATE
NOW COMES the plaintiff, by counsel, in the above captioned action and alleges
as follows:
PARTIES
1. The Plaintiff, KATHRYN BROWN, is a natural citizen with a present domicile of
162 Prospect Avenue, Unit #5, Northampton, Massachusetts 01060.
The Plaintiff, KATHRYN BROWN, purchased the single family, two story
residential premises of 162 Prospect Avenue, Unit #5, Northampton, MA 01060,
which is known as a townhouse lot about 2015, which had in place at the time a
so-called Homeowner’s Association known as the Prospect Woods Homeowner’s
Association, Inc.
The Prospect Woods Homeowner’s Association, Inc. is a Massachusetts based
homeowner’s association composed of board members which are duly elected by
the property owners of Prospect Woods of which Kathryn Brown is a member.
The Defendant, THE HAMPSHIRE PROPERTY MANAGEMENT GROUP,
INC., changed its name on September 29, 2022 to PARADISE CITY
COMMERCIAL PROPERTIES, INC.., the later which is a for profit domestic
corporation business entity with its business address at 150 Main Street, Suite
270, Northampton, MA 01060 and its registered agent is Russell Jopson, 150
Main Street, Suite 310, Northampton, MA 01060 and these business entities at all
times relative to this action were hired by the Prospect Woods Homeowner’s
Association, Inc.
PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE HAMPSHIRE
PROPERTY MANAGEMENT GROUP, collects the Prospect Woods
Homeowner’s Association, Inc’s, monthly fees and arranges for, to include but
not to be limited to, clean, repair and replace and maintain common areas and
other specific building items to include but not be limited to, gutters and storm
drains and catch basins.
Sabrina Bardwell upon information and belief of the Plaintiff was an employee
and or agent of THE HAMPSHIRE PROPERTY MANAGEMENT GROUP,
INC. and of PARADISE CITY COMMERCIAL PROPERTIES, INC. and was
and is known as the Director of Property Management at these entities and
Sabrina Bardwell sits on the board of the Prospect Woods Homeowner’s
Association, Inc. and has been the primary contact with Kathryn Brown
concerning this water damage claim.
ARBELLA MUTUAL INSURANCE COMPANY is the homeowner’s insurance
carrier under policy number XXXXX00005 with effective dates of 3/13/22 to
3/13/23 that insured Kathryn Brown’s interest in real property and content items
within her unit at 162 Prospect Avenue, Unit #5, Northampton, MA 01060.
UNION MUTUAL FIRE INSURANCE COMPANY was the insurer of
Prospect Woods Homeowner’s Association, Inc., under policy number
XXXXX8697 for multiple years to include the years 2022 and 2023 that insured
Property and buildings known as a “7 Unit Residential Condo
Bldg, 162 Prospect Avenue, Northampton, MA 01060-1617”.
FACTS
The Plaintiff, Kathryn Brown, in May of 2022, noticed water damage about
multiple areas of her townhouse unit, 162 Prospect Avenue, Unit #5,
Northampton, to include but not be limited to the rear sunroom floor and the
bamboo flooring in her unit about the first floor area.
10. Sabrina Bardwell met with and inspected Kathryn Brown’s unit in May of 2022
for the water damage.
11. On May 23, 2022 Kathryn Brown attended the Prospect Woods Homeowner’s
Association, Inc.’s, meeting by Zoom, and documented and discussed the water
damage to her unit.
12. Eric from Allied inspected the unit with or after Sabrina Bardwell inspected the
unit and he noted water staining and Eric reported faint surface mold on items in
the sunroom to the Prospect Woods Homeowner’s Association Board, at the
meeting of May 23, 2022.
13 Sabrina Bardwell suggested to Kathryn Brown that she contact her own
homeowner’s insurance carrier, Arbella Mutual Insurance Company, to assess her
damage and to determine her potential coverage.
14. The Plaintiff, Kathryn Brown, through her insurance agent, notified the Arbella
Mutual Insurance Company, of her water damage claim to the interior of her
sunroom and interior bamboo flooring about May of 2022.
15 Arbella initially handled this matter through a telephone claim representative and
Kathryn Brown was informed that Arbella, her insurer, would pay for the first ten
thousand dollars of the water damage claim which represented the deductible
under the Homeowner’s Associations Insurance Policy with Union Mutual Fire
Insurance Company.
16. Arbella, by its claim representative, Marc Lindell, on or about June 14, 2022, after
a request by Kathryn Brown for an on- site inspection, followed to the insured
premises and acknowledged that he saw evidence of water damage to the bottom
of the paneling in the sunroom.
17 Arbella, by its claim representative, Marc Lindell, on or about June 17, 2022,
three days after his inspection of the premises, forwarded to Kathryn Brown a
written denial of her claim for her loss and cited numerous alleged exclusionary
language within the insurance policy, to include but not be limited to , “...Flood,
surface water...” and “... Water, below the surface of the ground...”.
18 Kathryn Brown under her policy of insurance with Arbella, as a coverage
upgrade, has in place as part of her policy of insurance the so-called Schooner
package, endorsement 11 AR 1273, which changes the wording of and enhances
the coverage under the policy for coverage for water back-up and minimally pays
$2,000 for such coverage; said coverage that was not properly offered as payment
or properly referenced in the Arbella letter of denial of coverage.
19. At some point after the denial of coverage by Arbella, after June of 2022, Sabrina
Bardwell contacted the Union Mutual Fire Insurance Company, insurer for the
Homeowner’s Association, and they allegedly inspected the premises on two
separate occasions, the later inspection by their representative, Lance Ulrick
through Sedgwick.
20. Lance Ulrick, (hereinafter Ulrick) by letter dated, June 12, 2023 denied the claim
of the Association for Kathryn Brown’s damages, said denial based upon and to
include but not to be limited to, alleged, “...surface\ground water...”.
21 Ulrick acknowledged in his denial letter that there was water damage to the
flooring of the unit that may have caused, “...microbial growth.... 2
22. The Prospect Woods Homeowners Association, Inc. under its policy of insurance
with Union as a coverage upgrade, has in place as part of its policy of insurance a
so-called endorsement BP0453, which changes the wording of and enhances the
coverage under the policy for coverage for water back-up and sump overflow and
pays up to $25,000 for such coverage upon information and belief of the Plaintiff;
said coverage that was not properly offered as payment or properly referenced in
the Union letter of denial by Ulrick to the Association.
23 About 2020, the rear gutters and downspouts to Kathryn Brown’s unit, 162
Prospect Street, Unit #5, Northampton, MA, in whole or in part were replaced by
Hangrite Contractors at the direction of Hampshire Property Management Group,
Inc., by its employee and or agent, Sabrina Bardwell per the authority of the
Prospect Woods Homeowner’s Association, Inc. upon information and belief of
the Plaintiff.
24 About June of 2022, the Northampton Building Inspector personally viewed the
rear downspout installation from the sunroof and roof gutters, said downspout that
was connected to and within a drain pipe above the surface of the ground and
abutting the rear wall of Kathryn Brown’s sunroom; the building inspector opined
that the open installation of the drain downspouts with no collars were improper
and not installed in a professional and workmanlike manner.
25. There was also the indication in June of 2022, that the drain pipe that the
downspouts emptied into was blocked, and or inadequate in diameter and or not
pitched properly and or deficient in design; such that the water from the
downspouts of Kathryn Brown’s unit would overflow at the entry point into the
drain pipes at their above ground location.
26 Sometime in the Fall of 2022, The Vertex Companies, LLC (hereinafter Vertex)
was retained by Arbella for an alleged Cause & Origin Investigation at the subject
property of Kathryn Brown, the property which was inspected by Connor
O’Regan on October 4, 2022.
27. Vertex by its investigator in its report of October 20, 2022 opined that the water
entry to the sunroom and interior flooring involved issues relating to the exterior
storm drainage system.
COUNT ONE
NEGLIGENCE
PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE
HAMPSHIRE MANAGEMENT PROPERTY GROUP
28 The Plaintiff repeats and incorporates by reference the allegations contained in
paragraphs 1-27, as if fully set forth herein.
29 Kathryn Brown sustained water damage to her townhouse sunroom, sunroom
foundation, sunroom flooring, first floor flooring, paint damage to the first floor
walls and mold and mildew about the first floor area.
30. The Plaintiff has not been paid by any party for any of her damages to include the
loss of quiet enjoyment and loss of use of the first floor area of her townhouse.
31 The Plaintiff began suffering ill health effects as a result of her exposure to mold
and mildew about the Spring of 2022 and sought treatment for the exposure and
health problems that she was experiencing
32. Sabrina Bardwell employee and or agent of the Defendant, The Hampshire
Property Management Group, (hereinafter Hampshire Property) in the summer
of 2022 personally investigated and handled the initial complaints of Kathryn
Brown and Ms. Bardwell viewed first-hand the water damage within the
townhouse unit.
33 Sabrina Bardwell (hereinafter Bardwell) knew or should have known about past
problems with the rear drainage downspout and overflow abutting Kathryn
Brown’s sunroom.
34 The Prospect Woods Homeowner’s Association, Inc., (hereinafter Prospect
Woods Association) at their expense and at the direction and coordination of
Bardwell, replaced the rear gutters and related systems about 2020 to the unit
owned by Kathryn Brown.
35, About August of 2023, Bardwell, as an employee and or agent of Paradise City
Commercial Properties, Inc. (hereinafter Paradise Properties) retained individuals
to excavate the underground piping that Kathryn Brown’s downspout drained into
at the back of her unit, and this excavation was undertaken on two separate
occasions, as a result of on the first occasion after the alleged repairs, the
downspout was still overflowing at the time of a rain event.
36. At the same time of the drain pipe excavation, there was repair work completed
by a third party contractor to Kathryn Brown’s foundation directly below the
overflowing drain pipe, the foundation work that Kathryn Brown was led to
believe would be paid for by the Prospect Woods Association.
37 Bardwell informed Kathryn Brown after the work was completed, that the
Prospect Woods Association would not pay for her foundation repairs
38 It took approximately sixteen months for the water problem of the overflowing
rear downspout pipe to be corrected by Bardwell and or Hampshire Property and
or Paradise Properties; Bardwell and Hampshire Property and Paradise Properties
were negligent in their duties to act reasonably and timely to correct the water
entry point and were the proximate cause for Kathryn Brown’s water
damaged unit.
39. The Prospect Woods Association acknowledged in writing that the gutters and
exterior drains were their responsibility and as such through Bardwell and the
management company had a duty to correct the proximate cause of Kathryn
Brown’s water damage, which they failed to do in a timely manner.
40. Kathryn Brown suffered pain and suffering and incurred and continues to incur
expenses for treatment of her injuries related to her exposure to mold and mildew
which is as a result of the Defendants’ negligence.
41 The negligence of Bardwell and Hampshire Property and Paradise Properties are
the proximate cause of Kathryn Brown’s property damages and personal injury
damages.
COUNT TWO
BREACH OF CONTRACT
PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE
HAMPSHIRE MANAGEMENT PROPERTY GROUP
42. The Plaintiff repeats and incorporates by reference the allegations contained in
paragraphs 1-41, as if fully set forth herein.
43. The Hampshire Property Management Group, Inc. and Paradise City Commercial
Properties, Inc. by written contract with the Prospect Woods Homeowner’s
Association, Inc., agreed to provide property management services for 2020,
2021, 2022 and 2023, to include but not be limited to maintaining and repairing
and improving common property areas, sidewalks, and gutters and drains outside
of the unit owners’ buildings upon the information and belief of the Plaintiff.
44, Kathryn Brown through her monthly fees paid to the Prospect Woods
Homeowners Association, Inc., paid for the services of Hampshire Property and
Paradise Porperites as a unit owner and member of the Prospect Woods
Homeowner’s Association, Inc., said services to be handled in a timely,
competent, professional and workmanlike manner.
45 The investigation and ascertainment and the correction of the cause and origin of
the water damage to Kathryn Brown’s property damage took nearly sixteen
months from May of 2022.
46 The Hampshire Property Management Group, Inc. and Paradise City Commercial
Properties, Inc., had a duty to investigate and repair or replace defective and or
broken Prospect Woods Homeowner’s Associations’ common property
installations, gutters and exterior drains in a timely manner.
47 Hampshire Property and Paradise City Properties failed to timely identify and
repair and or replace the downspout and drain leakage problems next Kathryn
Brown’s sunroom, allowing the continuing flow of water from the roof area into
Kathryn Brown’s unit.
48. Hampshire Property and Paradise City Properties breached their duty under their
contract with the Prospect Woods Homeowner’s Association, Inc. and to Kathryn
Brown as a member of the Association, by not acting in a reasonable and timely
and professional and workman like manner, to repair the drains and downspouts
and gutters above and behind the sunroom.
COUNT THREE
BREACH OF CONTRACT
ARBELLA MUTUAL INSURANCE COMPANY
49. The Plaintiff repeats and incorporates by reference the allegations contained in
paragraphs 1-48, as if fully set forth herein.
50. Kathryn Brown made an insurance claim for her water damaged building interior
and mold and mildew damage with her insurer, Arbella Mutual Insurance
Company, (hereinafter Arbella) and the premises were inspected on multiple
occasions by a claim representative and or an engineering firm.
St Kathryn Brown was initially informed by a claim representative for Arbella about
May of 2022 that it would pay $10,000 toward the Prospect Woods Homeowner’s
Associations deductible, the deductible amount which was the Union Mutual Fire
Insurance Company deductible which insured the Prospect Woods Homeowner’s
:
Association, Inc.
52. Arbella did not pay Kathryn Brown $10,000 and it denied Kathryn Brown’s
claims for water damage and mold and mildew damage on two separate
occasions, the latest denial in December of 2022.
53 Kathryn Brown under the Arbella insurance policy has enhanced coverage which
she paid extra moneys for called the “Schooner Package” and this package has
limited coverage for water which backs up through sewers and drains.
54 Kathryn Brown was not advised by the inspecting adjuster that she had this
additional coverage, nor did the denial of coverage reference this coverage
enhancement and wording change in the policy of insurance.
55 Kathryn Brown maintains that her HO 6 policy of insurance is by endorsement a
so-called All Risk policy for direct loss and that Arbella failed to cover the
interior damages to her unit.
56. Arbella failed to advise Kathryn Brown of coverage for drain back-up damage
caused by water entry into her unit and it failed to make any payment to their
insured for this coverage enhancement.
57. Arbella failed to pay Kathryn Brown for any and all mold and mildew damages
that were covered under its policy of insurance.
58. Arbella breached its contractual duty to Kathryn Brown, its policyholder, by not
paying under its policy of insurance for a covered water damage and mold and
mildew loss in a timely manner.
COUNT FOUR
BREACH OF CONTRACT
UNION MUTUAL FIRE INSURANCE COMPANY
59. The Plaintiff repeats and incorporates by reference the allegations contained in
paragraphs 1-58, as if fully set forth herein.
60. Prospect Woods Homeowner’s Association, Inc. (hereinafter Prospect Woods
Association) made an insurance claim under its policy of insurance with Union
Mutual Fire Insurance Company, (hereinafter Union) for the water damaged
building interior items and mold and mildew damage to Kathryn Brown’s unit
and the premises were inspected on one occasion by a claim’s adjuster from
Sedgwick in the early summer of 2023 and in 2022 by a different adjuster, upon
the information and belief of the Plaintiff.
61 Union did not pay any moneys to Kathryn Brown and it denied Kathryn Brown’s
claims for water damage and mold and mildew damage by letter dated June 12,
2023.
62. Prospect Woods Association under the Union insurance policy has enhanced
coverage which it paid extra moneys for, endorsement BP0453 the so called
“Water Backup and Sump Overflow” coverage of up to $25,000, upon
information and belief of the Plaintiff.
63 Kathryn Brown was not advised by the inspecting adjuster that she had potential
availability of this additional coverage, nor did the denial of coverage reference
this coverage enhancement and applicable wording change in the policy of
insurance.
64. Kathryn Brown maintains that this policy of insurance for this Association, of
which she is a member as a unit owner, its policy of insurance is a so-called All
Risk policy for direct loss and that Union failed to cover the interior damages to
her unit.
65 Union failed to advise Kathryn Brown or the Prospect Woods
Association of coverage for water back-up damage caused by water entry into her
unit and it failed to make any payment to their insured for this coverage
enhancement.
66. Union failed to pay Kathryn Brown for any and all mold and mildew damages
that were covered under its policy of insurance.
67. Union breached its contractual duty to Kathryn Brown, by not paying under its
policy of insurance for a covered water damage and mold and mildew loss ina
timely manner.
WHEREFORE, the Plaintiff demands judgment against each Defendant and
prays that this Honorable Court awards as follows:
1. Damages in an amount that will adequately compensate the Plaintiff for her
property damages, both real property and personal property, caused by water and
mold and mildew; and
Damages in an amount that will adequately compensate the Plaintiff for her pain
and suffering; and
Damages for reasonable and necessary expenses for treatment of exposure to
mold and mildew; and
Damages for her loss of earning capacity; and
Damages for her loss of quiet enjoyment of her housing unit; and
Damages for her permanent partial disability; and
Damages for her loss of rental value of her unit, and
Such additional relief that this court deems just and proper.
DEMAND FOR JURY TRIAL
The Plaintiff, Kathryn Brown, Demands a Trial by Jury on this matter.
Respectfully Submitted,
The Plaintiff,
BBO#: 665239
Law Office of Robert G. LaFlamme
241 King Street, Suite 212
Northampton, MA 01060
Tele: (413)586-9651
Email: laflammelaw@comcast.net
May 15, 2024
10
UNIFORM COUNSEL CERTIFICATION FOR CIVIL CASES
I am the attorney of record for the Plaintiff, Kathryn Brown with respect to
the above-entitled matter.
In accordance with Rule 5 of the Supreme Judicial Court Uniform Rules on
Dispute Resolution (SJC Rule 1:18) which states in part: "...attorneys shall:
provide their clients with information about court-connected dispute resolution
services; discuss with their client the advantages and disadvantages of the various
methods of dispute resolution; and certify their compliance with this requirement
on the civil cover sheet or its equivalent...," I hereby certify that I have
complied with this requirement.
By:
Roberf G. LaFlamme, Esq.
BBO#: 665239
Law Office of Robert G. LaFlamme
241 King Street, Suite 212
Northampton, MA 01060
Tele: (413)586-9651
Email: laflammelaw@comcast.net
11
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Commonwealth of Massachusetts HAMPSHIRE, ss. Hampshire Superior Court Department of the Trial Court Civil No.: 2480 CV 0053 KATHRYN BROWN, Plaintiff Vv COMPLAINT PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE HAMPSHIRE PROPERTY MANAGEMENT GROUP, INC. and ARBELLA MUTUAL INSURANCE HAMPSHIRE SUPERIOR COURT COMPANY and UNION MUTUAL FIRE INSURANCE COMPANY, MAY 1 5 2024 Defendants HARRY JEKANOWSKI, JR. CLERK/MAGISTRATE NOW COMES the plaintiff, by counsel, in the above captioned action and alleges as follows: PARTIES 1. The Plaintiff, KATHRYN BROWN, is a natural citizen with a present domicile of 162 Prospect Avenue, Unit #5, Northampton, Massachusetts 01060. The Plaintiff, KATHRYN BROWN, purchased the single family, two story residential premises of 162 Prospect Avenue, Unit #5, Northampton, MA 01060, which is known as a townhouse lot about 2015, which had in place at the time a so-called Homeowner’s Association known as the Prospect Woods Homeowner’s Association, Inc. The Prospect Woods Homeowner’s Association, Inc. is a Massachusetts based homeowner’s association composed of board members which are duly elected by the property owners of Prospect Woods of which Kathryn Brown is a member. The Defendant, THE HAMPSHIRE PROPERTY MANAGEMENT GROUP, INC., changed its name on September 29, 2022 to PARADISE CITY COMMERCIAL PROPERTIES, INC.., the later which is a for profit domestic corporation business entity with its business address at 150 Main Street, Suite 270, Northampton, MA 01060 and its registered agent is Russell Jopson, 150 Main Street, Suite 310, Northampton, MA 01060 and these business entities at all times relative to this action were hired by the Prospect Woods Homeowner’s Association, Inc. PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE HAMPSHIRE PROPERTY MANAGEMENT GROUP, collects the Prospect Woods Homeowner’s Association, Inc’s, monthly fees and arranges for, to include but not to be limited to, clean, repair and replace and maintain common areas and other specific building items to include but not be limited to, gutters and storm drains and catch basins. Sabrina Bardwell upon information and belief of the Plaintiff was an employee and or agent of THE HAMPSHIRE PROPERTY MANAGEMENT GROUP, INC. and of PARADISE CITY COMMERCIAL PROPERTIES, INC. and was and is known as the Director of Property Management at these entities and Sabrina Bardwell sits on the board of the Prospect Woods Homeowner’s Association, Inc. and has been the primary contact with Kathryn Brown concerning this water damage claim. ARBELLA MUTUAL INSURANCE COMPANY is the homeowner’s insurance carrier under policy number XXXXX00005 with effective dates of 3/13/22 to 3/13/23 that insured Kathryn Brown’s interest in real property and content items within her unit at 162 Prospect Avenue, Unit #5, Northampton, MA 01060. UNION MUTUAL FIRE INSURANCE COMPANY was the insurer of Prospect Woods Homeowner’s Association, Inc., under policy number XXXXX8697 for multiple years to include the years 2022 and 2023 that insured Property and buildings known as a “7 Unit Residential Condo Bldg, 162 Prospect Avenue, Northampton, MA 01060-1617”. FACTS The Plaintiff, Kathryn Brown, in May of 2022, noticed water damage about multiple areas of her townhouse unit, 162 Prospect Avenue, Unit #5, Northampton, to include but not be limited to the rear sunroom floor and the bamboo flooring in her unit about the first floor area. 10. Sabrina Bardwell met with and inspected Kathryn Brown’s unit in May of 2022 for the water damage. 11. On May 23, 2022 Kathryn Brown attended the Prospect Woods Homeowner’s Association, Inc.’s, meeting by Zoom, and documented and discussed the water damage to her unit. 12. Eric from Allied inspected the unit with or after Sabrina Bardwell inspected the unit and he noted water staining and Eric reported faint surface mold on items in the sunroom to the Prospect Woods Homeowner’s Association Board, at the meeting of May 23, 2022. 13 Sabrina Bardwell suggested to Kathryn Brown that she contact her own homeowner’s insurance carrier, Arbella Mutual Insurance Company, to assess her damage and to determine her potential coverage. 14. The Plaintiff, Kathryn Brown, through her insurance agent, notified the Arbella Mutual Insurance Company, of her water damage claim to the interior of her sunroom and interior bamboo flooring about May of 2022. 15 Arbella initially handled this matter through a telephone claim representative and Kathryn Brown was informed that Arbella, her insurer, would pay for the first ten thousand dollars of the water damage claim which represented the deductible under the Homeowner’s Associations Insurance Policy with Union Mutual Fire Insurance Company. 16. Arbella, by its claim representative, Marc Lindell, on or about June 14, 2022, after a request by Kathryn Brown for an on- site inspection, followed to the insured premises and acknowledged that he saw evidence of water damage to the bottom of the paneling in the sunroom. 17 Arbella, by its claim representative, Marc Lindell, on or about June 17, 2022, three days after his inspection of the premises, forwarded to Kathryn Brown a written denial of her claim for her loss and cited numerous alleged exclusionary language within the insurance policy, to include but not be limited to , “...Flood, surface water...” and “... Water, below the surface of the ground...”. 18 Kathryn Brown under her policy of insurance with Arbella, as a coverage upgrade, has in place as part of her policy of insurance the so-called Schooner package, endorsement 11 AR 1273, which changes the wording of and enhances the coverage under the policy for coverage for water back-up and minimally pays $2,000 for such coverage; said coverage that was not properly offered as payment or properly referenced in the Arbella letter of denial of coverage. 19. At some point after the denial of coverage by Arbella, after June of 2022, Sabrina Bardwell contacted the Union Mutual Fire Insurance Company, insurer for the Homeowner’s Association, and they allegedly inspected the premises on two separate occasions, the later inspection by their representative, Lance Ulrick through Sedgwick. 20. Lance Ulrick, (hereinafter Ulrick) by letter dated, June 12, 2023 denied the claim of the Association for Kathryn Brown’s damages, said denial based upon and to include but not to be limited to, alleged, “...surface\ground water...”. 21 Ulrick acknowledged in his denial letter that there was water damage to the flooring of the unit that may have caused, “...microbial growth.... 2 22. The Prospect Woods Homeowners Association, Inc. under its policy of insurance with Union as a coverage upgrade, has in place as part of its policy of insurance a so-called endorsement BP0453, which changes the wording of and enhances the coverage under the policy for coverage for water back-up and sump overflow and pays up to $25,000 for such coverage upon information and belief of the Plaintiff; said coverage that was not properly offered as payment or properly referenced in the Union letter of denial by Ulrick to the Association. 23 About 2020, the rear gutters and downspouts to Kathryn Brown’s unit, 162 Prospect Street, Unit #5, Northampton, MA, in whole or in part were replaced by Hangrite Contractors at the direction of Hampshire Property Management Group, Inc., by its employee and or agent, Sabrina Bardwell per the authority of the Prospect Woods Homeowner’s Association, Inc. upon information and belief of the Plaintiff. 24 About June of 2022, the Northampton Building Inspector personally viewed the rear downspout installation from the sunroof and roof gutters, said downspout that was connected to and within a drain pipe above the surface of the ground and abutting the rear wall of Kathryn Brown’s sunroom; the building inspector opined that the open installation of the drain downspouts with no collars were improper and not installed in a professional and workmanlike manner. 25. There was also the indication in June of 2022, that the drain pipe that the downspouts emptied into was blocked, and or inadequate in diameter and or not pitched properly and or deficient in design; such that the water from the downspouts of Kathryn Brown’s unit would overflow at the entry point into the drain pipes at their above ground location. 26 Sometime in the Fall of 2022, The Vertex Companies, LLC (hereinafter Vertex) was retained by Arbella for an alleged Cause & Origin Investigation at the subject property of Kathryn Brown, the property which was inspected by Connor O’Regan on October 4, 2022. 27. Vertex by its investigator in its report of October 20, 2022 opined that the water entry to the sunroom and interior flooring involved issues relating to the exterior storm drainage system. COUNT ONE NEGLIGENCE PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE HAMPSHIRE MANAGEMENT PROPERTY GROUP 28 The Plaintiff repeats and incorporates by reference the allegations contained in paragraphs 1-27, as if fully set forth herein. 29 Kathryn Brown sustained water damage to her townhouse sunroom, sunroom foundation, sunroom flooring, first floor flooring, paint damage to the first floor walls and mold and mildew about the first floor area. 30. The Plaintiff has not been paid by any party for any of her damages to include the loss of quiet enjoyment and loss of use of the first floor area of her townhouse. 31 The Plaintiff began suffering ill health effects as a result of her exposure to mold and mildew about the Spring of 2022 and sought treatment for the exposure and health problems that she was experiencing 32. Sabrina Bardwell employee and or agent of the Defendant, The Hampshire Property Management Group, (hereinafter Hampshire Property) in the summer of 2022 personally investigated and handled the initial complaints of Kathryn Brown and Ms. Bardwell viewed first-hand the water damage within the townhouse unit. 33 Sabrina Bardwell (hereinafter Bardwell) knew or should have known about past problems with the rear drainage downspout and overflow abutting Kathryn Brown’s sunroom. 34 The Prospect Woods Homeowner’s Association, Inc., (hereinafter Prospect Woods Association) at their expense and at the direction and coordination of Bardwell, replaced the rear gutters and related systems about 2020 to the unit owned by Kathryn Brown. 35, About August of 2023, Bardwell, as an employee and or agent of Paradise City Commercial Properties, Inc. (hereinafter Paradise Properties) retained individuals to excavate the underground piping that Kathryn Brown’s downspout drained into at the back of her unit, and this excavation was undertaken on two separate occasions, as a result of on the first occasion after the alleged repairs, the downspout was still overflowing at the time of a rain event. 36. At the same time of the drain pipe excavation, there was repair work completed by a third party contractor to Kathryn Brown’s foundation directly below the overflowing drain pipe, the foundation work that Kathryn Brown was led to believe would be paid for by the Prospect Woods Association. 37 Bardwell informed Kathryn Brown after the work was completed, that the Prospect Woods Association would not pay for her foundation repairs 38 It took approximately sixteen months for the water problem of the overflowing rear downspout pipe to be corrected by Bardwell and or Hampshire Property and or Paradise Properties; Bardwell and Hampshire Property and Paradise Properties were negligent in their duties to act reasonably and timely to correct the water entry point and were the proximate cause for Kathryn Brown’s water damaged unit. 39. The Prospect Woods Association acknowledged in writing that the gutters and exterior drains were their responsibility and as such through Bardwell and the management company had a duty to correct the proximate cause of Kathryn Brown’s water damage, which they failed to do in a timely manner. 40. Kathryn Brown suffered pain and suffering and incurred and continues to incur expenses for treatment of her injuries related to her exposure to mold and mildew which is as a result of the Defendants’ negligence. 41 The negligence of Bardwell and Hampshire Property and Paradise Properties are the proximate cause of Kathryn Brown’s property damages and personal injury damages. COUNT TWO BREACH OF CONTRACT PARADISE CITY COMMERCIAL PROPERTIES, INC. fka THE HAMPSHIRE MANAGEMENT PROPERTY GROUP 42. The Plaintiff repeats and incorporates by reference the allegations contained in paragraphs 1-41, as if fully set forth herein. 43. The Hampshire Property Management Group, Inc. and Paradise City Commercial Properties, Inc. by written contract with the Prospect Woods Homeowner’s Association, Inc., agreed to provide property management services for 2020, 2021, 2022 and 2023, to include but not be limited to maintaining and repairing and improving common property areas, sidewalks, and gutters and drains outside of the unit owners’ buildings upon the information and belief of the Plaintiff. 44, Kathryn Brown through her monthly fees paid to the Prospect Woods Homeowners Association, Inc., paid for the services of Hampshire Property and Paradise Porperites as a unit owner and member of the Prospect Woods Homeowner’s Association, Inc., said services to be handled in a timely, competent, professional and workmanlike manner. 45 The investigation and ascertainment and the correction of the cause and origin of the water damage to Kathryn Brown’s property damage took nearly sixteen months from May of 2022. 46 The Hampshire Property Management Group, Inc. and Paradise City Commercial Properties, Inc., had a duty to investigate and repair or replace defective and or broken Prospect Woods Homeowner’s Associations’ common property installations, gutters and exterior drains in a timely manner. 47 Hampshire Property and Paradise City Properties failed to timely identify and repair and or replace the downspout and drain leakage problems next Kathryn Brown’s sunroom, allowing the continuing flow of water from the roof area into Kathryn Brown’s unit. 48. Hampshire Property and Paradise City Properties breached their duty under their contract with the Prospect Woods Homeowner’s Association, Inc. and to Kathryn Brown as a member of the Association, by not acting in a reasonable and timely and professional and workman like manner, to repair the drains and downspouts and gutters above and behind the sunroom. COUNT THREE BREACH OF CONTRACT ARBELLA MUTUAL INSURANCE COMPANY 49. The Plaintiff repeats and incorporates by reference the allegations contained in paragraphs 1-48, as if fully set forth herein. 50. Kathryn Brown made an insurance claim for her water damaged building interior and mold and mildew damage with her insurer, Arbella Mutual Insurance Company, (hereinafter Arbella) and the premises were inspected on multiple occasions by a claim representative and or an engineering firm. St Kathryn Brown was initially informed by a claim representative for Arbella about May of 2022 that it would pay $10,000 toward the Prospect Woods Homeowner’s Associations deductible, the deductible amount which was the Union Mutual Fire Insurance Company deductible which insured the Prospect Woods Homeowner’s : Association, Inc. 52. Arbella did not pay Kathryn Brown $10,000 and it denied Kathryn Brown’s claims for water damage and mold and mildew damage on two separate occasions, the latest denial in December of 2022. 53 Kathryn Brown under the Arbella insurance policy has enhanced coverage which she paid extra moneys for called the “Schooner Package” and this package has limited coverage for water which backs up through sewers and drains. 54 Kathryn Brown was not advised by the inspecting adjuster that she had this additional coverage, nor did the denial of coverage reference this coverage enhancement and wording change in the policy of insurance. 55 Kathryn Brown maintains that her HO 6 policy of insurance is by endorsement a so-called All Risk policy for direct loss and that Arbella failed to cover the interior damages to her unit. 56. Arbella failed to advise Kathryn Brown of coverage for drain back-up damage caused by water entry into her unit and it failed to make any payment to their insured for this coverage enhancement. 57. Arbella failed to pay Kathryn Brown for any and all mold and mildew damages that were covered under its policy of insurance. 58. Arbella breached its contractual duty to Kathryn Brown, its policyholder, by not paying under its policy of insurance for a covered water damage and mold and mildew loss in a timely manner. COUNT FOUR BREACH OF CONTRACT UNION MUTUAL FIRE INSURANCE COMPANY 59. The Plaintiff repeats and incorporates by reference the allegations contained in paragraphs 1-58, as if fully set forth herein. 60. Prospect Woods Homeowner’s Association, Inc. (hereinafter Prospect Woods Association) made an insurance claim under its policy of insurance with Union Mutual Fire Insurance Company, (hereinafter Union) for the water damaged building interior items and mold and mildew damage to Kathryn Brown’s unit and the premises were inspected on one occasion by a claim’s adjuster from Sedgwick in the early summer of 2023 and in 2022 by a different adjuster, upon the information and belief of the Plaintiff. 61 Union did not pay any moneys to Kathryn Brown and it denied Kathryn Brown’s claims for water damage and mold and mildew damage by letter dated June 12, 2023. 62. Prospect Woods Association under the Union insurance policy has enhanced coverage which it paid extra moneys for, endorsement BP0453 the so called “Water Backup and Sump Overflow” coverage of up to $25,000, upon information and belief of the Plaintiff. 63 Kathryn Brown was not advised by the inspecting adjuster that she had potential availability of this additional coverage, nor did the denial of coverage reference this coverage enhancement and applicable wording change in the policy of insurance. 64. Kathryn Brown maintains that this policy of insurance for this Association, of which she is a member as a unit owner, its policy of insurance is a so-called All Risk policy for direct loss and that Union failed to cover the interior damages to her unit. 65 Union failed to advise Kathryn Brown or the Prospect Woods Association of coverage for water back-up damage caused by water entry into her unit and it failed to make any payment to their insured for this coverage enhancement. 66. Union failed to pay Kathryn Brown for any and all mold and mildew damages that were covered under its policy of insurance. 67. Union breached its contractual duty to Kathryn Brown, by not paying under its policy of insurance for a covered water damage and mold and mildew loss ina timely manner. WHEREFORE, the Plaintiff demands judgment against each Defendant and prays that this Honorable Court awards as follows: 1. Damages in an amount that will adequately compensate the Plaintiff for her property damages, both real property and personal property, caused by water and mold and mildew; and Damages in an amount that will adequately compensate the Plaintiff for her pain and suffering; and Damages for reasonable and necessary expenses for treatment of exposure to mold and mildew; and Damages for her loss of earning capacity; and Damages for her loss of quiet enjoyment of her housing unit; and Damages for her permanent partial disability; and Damages for her loss of rental value of her unit, and Such additional relief that this court deems just and proper. DEMAND FOR JURY TRIAL The Plaintiff, Kathryn Brown, Demands a Trial by Jury on this matter. Respectfully Submitted, The Plaintiff, BBO#: 665239 Law Office of Robert G. LaFlamme 241 King Street, Suite 212 Northampton, MA 01060 Tele: (413)586-9651 Email: laflammelaw@comcast.net May 15, 2024 10 UNIFORM COUNSEL CERTIFICATION FOR CIVIL CASES I am the attorney of record for the Plaintiff, Kathryn Brown with respect to the above-entitled matter. In accordance with Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18) which states in part: "...attorneys shall: provide their clients with information about court-connected dispute resolution services; discuss with their client the advantages and disadvantages of the various methods of dispute resolution; and certify their compliance with this requirement on the civil cover sheet or its equivalent...," I hereby certify that I have complied with this requirement. By: Roberf G. LaFlamme, Esq. BBO#: 665239 Law Office of Robert G. LaFlamme 241 King Street, Suite 212 Northampton, MA 01060 Tele: (413)586-9651 Email: laflammelaw@comcast.net 11