The Filed Rate Doctrine

Imagine that your insured's house has caught on fire, but when a firefighter attempts to connect the water hose to the hydrant nearest the home, he cannot open the valve because he turned the valve in the wrong direction, breaking the stem of the hydrant.  The firefighter moves on to the next hydrant, but that one is frozen, forcing the firefighting crew to connect to a third hydrant much further from the home, causing a delay of 30 minutes, making it too late to save any portion of your insured's home.

The investigation into the fire reveals that an employee for the water public utility had painted over the top of the first hydrant, thereby covering the arrow that shows which way to open the valve.  Further inquiry reveals the water utility's inspection records show that the second hydrant had earlier been described as "very hard to open" and "hard to open", but no remedial actions were taken.  Certainly, after paying out the claim, you think you have viable