Tri Borough Management

November 24, Dear [redacted] : We have completed our investigation of the above captioned matterWe have carefully examined the circumstances surrounding this incident and believe that [redacted] has sufficient information at this time to make a proper decision regarding liabilityOur investigation indicates that our insured notified your office of the issue with the fireplace in his unit on more than one occasion and [redacted] came to address the fireplace on more than one occasionWhen [redacted] reported the issue to you and [redacted] came to repair the fireplace, [redacted] believed the issue was resolved; however, [redacted] noted significant soot on the wall of the fireplace after the initial repair and reported to you that the fireplace still had issues and you had [redacted] return again to fix the problem [redacted] cleaned the soot on the fireplace wall and repainted the wall himself at that time [redacted] did not see any soot damage in the rest of the house because it was more dispersed throughout the houseAs your inspector stated, soot emissions are typically not visible as it is created and it would appear that the accumulation throughout the house was slow and gradual over the course of time and he was not aware of itClearly, [redacted] would not have continued to subject himself and his family to breathing in the sootWe do not find any negligence on the part of [redacted] ***, given that he notified you of the issues with the fireplace and even cleaned and took it upon himself to repaint the fireplace wall, although that would have been the responsibility of the homeownerGiven that there is no negligence on the part of [redacted] ***, we will be unable to make any payments toward your claim.If you have any questions regarding our decision in this matter, please do not hesitate to contact me at the number listed aboveSincerely, Lucille E Auto Liability

November 24, 2014
Dear [redacted]:
We have completed our investigation of the above captioned matter. We have carefully examined the circumstances surrounding this incident and believe that [redacted] has sufficient information at this time to make a proper decision regarding...

liability. Our investigation indicates that our insured notified your office of the issue with the fireplace in his unit on more than one occasion and [redacted] came to address the fireplace on more than one occasion. When [redacted] reported the issue to you and [redacted] came to repair the fireplace, [redacted] believed the issue was resolved; however, [redacted] noted significant soot on the wall of the fireplace after the initial repair and reported to you that the fireplace still had issues and you had [redacted] return again to fix the problem. [redacted] cleaned the soot on the fireplace wall and repainted the wall himself at that time. [redacted] did not see any soot damage in the rest of the house because it was more dispersed throughout the house. As your inspector stated, soot emissions are typically not visible as it is created and it would appear that the accumulation throughout the house was slow and gradual over the course of time and he was not aware of it. Clearly, [redacted] would not have continued to subject himself and his family to breathing in the soot. We do not find any negligence on the part of [redacted], given that he notified you of the issues with the fireplace and even cleaned and took it upon himself to repaint the fireplace wall, although that would have been the responsibility of the homeowner. Given that there is no negligence on the part of [redacted], we will be unable to make any payments toward your claim.If you have any questions regarding our decision in this matter, please do not hesitate to contact me at the number listed above.
Sincerely,
Lucille E.
 Auto Liability