• 06
  • October
    2011

In a case styled Windtree Apartments, Inc. v. Citizens Property Insurance Corporation, we represent the owner of a 14 building apartment complex in Port Richey, Florida. The original claim occurred 3 years ago, with Citizens agreeing in principle to cover the damage in part for only 11 of the buildings. The remaining buildings were denied, despite the fact they were literally surrounded by confirmed sinkhole activity.

The case become more complicated for Citizens after we retained an expert to conduct extensive testing at the denied buildings, and to conduct a comprehensive investigation as to how to fix the other, confirmed properties. Although the reports from Citizens experts were described on the face as complete, Citizens was aware that additional experts would be necessary but never hired them. For example, while the expert retained conceded that a structural evaluation by a licensed structural engineer would be appropriate, they chose not to do so. This is a classic example of how Citizens gets to do incomplete work and suffer no consequences because of their "public" status.

The case is currently set for trial in January 2012, before Judge Bray in Pasco County. The amount in controversy is substantial as the coverage is greater than $15,000,000. The length of the trial is unknown at this time, as we remain in the dark as to how Citizens will defend the case. Efforts to resolve the case informally have been unsuccessful despite the length of time the case has been pending. We are preparing in every way we can, and are excited about making Citizens defend arguably one of the largest cases they have tried in their history.

Keep an eye one the blog and we will keep you up to date. In the meantime, if we can assist you with your insurance woes, give us a call. TC