Residential Property damage from a Windstorm $125,149.22

We represented a Palm Beach County homeowner for Hurricane Irma-related damages reported to their carrier over 2 years after the storm.  Although the damages were not immediately recognized, the claim was nonetheless meritorious.  However, the insurance company failed to render a coverage decision for several months after inspecting the damages, affording the homeowner basis to seek punitive damages in addition to the cost of the repair.  A Civil Remedy Notice ("CRN") was filed on grounds that failure to determine coverage was a constructive denial and also requested mediation through the Department of Financial Services.

The CRN asserted breach of the good faith duty to settle claims when under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her interests.  Additional allegations included failing to promptly settle claims when the obligation to settle a claim has become reasonably clear, failing to implement standards for a reasonable investigation and failing to act promptly with respect to claims.

Upon receipt of the CRN, this insurance carrier agreed to pay the insured for the full value of the claim without the need to file suit or participate in the previously scheduled mediation.