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Petitioner purchased her home in Tinton Falls, New Jersey,
in 1985, where she continued to reside until sometime in 1995.
The existing washing machine in the house was conveyed to
petitioner at the time of purchase.
On the morning of August 26, 1994, petitioner went to see
her insurance agent about miscellaneous insurance matters. At
the meeting, she was advised that her homeowner’s policy had
expired. She purchased a new homeowner’s policy with Mercer
Mutual Insurance Company (Mercer or insurance company) that
morning. When petitioner arrived home on the evening of August
26, she discovered that her home was flooded. The cause of the
flood was identified as a split in the hose connecting from the
sink to the washing machine. As a result, the house which is on
a concrete slab, became water soaked. Carpets and furniture were
destroyed. Mold and mildew began to appear throughout the house
within a few days. Petitioner and her daughter had to
temporarily move out of the house. Petitioner, who described
herself as a collector, had many boxes and other items stored in
her home. Petitioner incurred expenses to remove water-soaked
items from the house and for general cleanup and repair. The
cleanup and repair process took many months and was delayed, at
least in part, because of disputes between petitioner and her
insurance company.
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