|
Article Courtesy of The South
Florida Business Journal
By Paul
Brinkmann
Published
September 6, 2013
A federal judge handed global conglomerate QBE Insurance a victory in an eight-year-old claim for damages from Hurricane Wilma at the Biscayne Cove Condominium in
Aventura.
|
U.S. District Judge John O’Sullivan ruled that Biscayne Cove breached its policy by failing to get proper inspections and verifications of damage.
O’Sullivan also criticized condo association president Madeline Giardiello and treasurer Oliver Gross for failing to be prepared for a deposition.
According to the judge’s ruling, Gross didn’t know the amount of Biscayne Cove’s claim, or anything about roof problems pre-dating Hurricane Wilma, or whether an appraisal had been demanded.
Damage to the condo's Tower Building was estimated at $543,667, while damage to the Clipper Building was $367,207.
QBE had accused the condo board of fraud, but O’Sullivan also ruled against that.
O’Sullivan’s ruling said the condo board:
• Failed to provide documents, including the unit owner surveys and the proposals and estimates
• Failed to allow a re-inspection in 2006, which impaired Mr. Sansone’s ability to evaluate and investigate the claim.. |
|
Lawsuits over Hurricane Wilma damage, as shown in this photo from Fort Lauderdale, are still trickling through South Florida courts.
|
•
Started repairs to the property without prior notification to the insurer, which prevented an understanding of why the repairs were needed
• Allowed more damage and repairs since Wilma, meaning that follow-up 2013 inspections couldn’t provide an accurate picture of Wilma damage from 2005.
Biscayne Cove was represented by attorneys from Tampa-based Merlin Law Group and by Jeffrey
Golant
QBE representation included White & Case, Berk Merchant & Sims, Wicker Smith O'Hara McCoy, and attorney William Xanttopoulos of Coral Gables.
|
