Homeowner's Association Hurricane Irma $1,999,010.00

In this case, we represented an HOA in Delray Beach, Florida that sustained damages to its buildings due to Hurricane Irma. There were over 80 buildings damaged by hurricane-force winds and required that the roofs be replaced. The damages were typical for windstorm claims and included water intrusion and mold damages in addition to the damaged roofs. Several trees were blown onto buildings and wind-borne debris caused additional damage to structures as well.

Although the claim was first submitted approximately 2.5 years AFTER the date of the storm, the evidence of storm damage was obvious. Nonetheless, the insurance carrier, one of the largest insurance carriers in the United States denied our client’s claim in its entirety.  The main issue in the case was the insurance company’s position that the Association failed to provide notice of the claim until 2 ½ years after the loss in violation of the insurance policy requires that the insured provide prompt notice of a damage claim. 

The pre-suit filing of a Civil Remedy Notice resulted in the insurance carrier requesting mediation prior to litigation.  At mediation, we were able to establish that the insurance company was not prejudiced by the alleged “late” notice to the insurance company, and after significant negotiation that lasted weeks, we were able to get the case settled and the Association was able the complete the necessary repairs to its property.