LYNN – The Lynn Water and Sewer Commission is being sued by an insurance company and a Spring View Drive couple who say their foundation and basement floor was cracked due to a ruptured water main pipe last year.Evan and Marilyn Gately of 25 Spring View Drive and Merchants Preferred Insurance Company of New York filed the court complaint this week in Salem Superior Court against the Lynn Water and Sewer Commission, located at 400 Parkland Ave. in Lynn, for property damage.The lawsuit states that on or about Jan. 17, 2008 Merchants insured a home owned and occupied by the Gatelys on Spring View Drive.On that date, the home was “substantially damaged as a result of a rupture of a water main pipe” in front of the Gatelys’ home, which resulted in their home being flooded and cracking the foundation and basement flooring.The cost of repairing the foundation and structure was $238,976, which was paid by Merchants.The lawsuit contends that the water break was caused by Lynn Water and Sewer due to negligent design, installation, maintenance and repair of the water main pipe under the public way.As a result of the alleged negligence of the Lynn Water & Sewer Commission, the insurance company is seeking to recover the payment of $238,976, along with interest, costs and expenses from the court.Attorney John J. Lang of Lynnfield filed the lawsuit.