The firm obtained a settlement of $567,000 on behalf of a commercial property owner whose building suffered extensive damage as a result of Hurricane Delta. The insurance company denied the claim and alleged preexisting damage occurring over a lengthy period of time.
Of note, the insurer had an opportunity for inspection prior to writing the policy, which it’s policies and procedures mandated. The property owner was never required to make any property repairs as a result of that inspection and as a condition for coverage. Further, the building had recently undergone a massive renovation and had no preexisting damage documented within any of the recent photographs. The insurance policy also lacked any anti-concurrent causation clause which would exclude coverage for water intrusion caused by a windstorm even if the reasons for denial had been valid. The insurance company’s denial rested entirely with an engineer who did not visit the property until seven months after the hurricane.
The case was litigated in federal court and the firm handled extensive discovery and litigation before settlement was reached.