We had blogged about a ruling that was very favorable for homeowners that came out of Ocala, Marion County about a month ago. As a recap, Tower Hill had denied coverage for my client’s claim even though sinkhole activity was found at the property. We litigated the case for about a year before Tower Hill was told by the Court that it must provide coverage. Tower Hill agreed and sent my clients correspondence stating that it would provide coverage and pay for necessary repairs. We then entered into a disagreement over the necessary repair methods and costs. Tower Hill demanded we attend a neutral evaluation and even agreed to the evaluator used. The evaluator, after thorough investigation and retaining a separate structural engineering firm, opined that it would cost about $410,000 to repair this home. The home was only insured for about $365,000. Tower Hill agreed to these repairs however, the bull-headed Tower Hill still stood by the argument that they did not have to pay one penny until my clients did the work. Pretty bold after putting them through hell and wrongfully denying their claim for two years. The Court again told them, no, you can’t do that. You were wrong…..twice! The lawsuit has to come to an end and there are no more issues for you to fight over, the homeowners won, plain and simple. Win you win a lawsuit you get a judgment against the other party. The Judge gave us a judgment against Tower Hill for the policy limits plus interest plus attorney fees and costs to be determined later. Tower Hill had a certain time limit to decide to appeal this decision. On the next to last day, they decided to file the appeal. So, for my clients another year of litigation, more attorney fees and costs and one insurance company that is too stubborn for its own good.
May 31, 2012 by Morgan Barfield