Asked by Roselyn Villaruz on Jun 20, 2024

Verified

In the case text, Mellin v. Northern Security Insurance Company, the Mellins filed a claim under their homeowner's insurance policy because the odor of cat urine emanated from a downstairs neighbor's condominium to an open plumbing chase servicing their kitchen. The Mellins sold their unit for a price less than that of a comparable condominium in the area, which was unaffected by the odor. The Mellins sued their insurance company because it denied the claim, stating it was not a "physical loss" and therefore, the claim was not covered under their policy. Which of the following was the result on this issue?

A) The Mellins' claim was dismissed because an odor was not considered to be a "physical loss" as defined under the insurance policy.
B) The Mellins' claim was dismissed because the suit should have been brought against the downstairs neighbor, not against their insurance company.
C) The Mellins were allowed to proceed with their claim because the court held physical loss can include changes perceived by the sense of smell, even in the absence of physical damage.
D) The Mellins' claim was dismissed because they sold the property and did not receive a proper appraisal demonstrating their damages prior to bringing the lawsuit.
E) The Mellins' were allowed to proceed with their claim because the insurance company failed to exclude odors in its policy.