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America December 3, 2022 2 mins read

Condo HOA Wants Insurer to Pay $11.5M in Hidden Storm Damage Suit

America ı By Samuel Lopez

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Water-Damage

This is the case of Rolling Hills Condominium Homeowners' Association v. Philadelphia Indemnity Insurance Co. et al., in the U.S. District Court for the Western District of Washington.

Rolling Hills Condominium is located in Renton, Washington, and has 13 buildings and 141 residential units, according to public records.

This Thursday, the Seattle-area condo association filed a lawsuit against Philadelphia Indemnity Insurance Co. and at least 10 other insurers, accusing them of refusing coverage for approximately $11.5 million in hidden water damage.

The condo association is asking the Washington federal court to find that the hidden water damage is not excluded from coverage and that the insurer should be responsible for the payment of the association’s cost related to finding the hidden storm damage and making the necessary repairs.

Rolling Hills is also suing for breach of contract, bad faith, and violations of the state's Consumer Protection Act for deceptive behavior.

Rolling Hills is represented by attorneys Jerry H. Stein, Justin D. Sudweeks, Daniel J. Stein, and Cortney M. Feniello of Stein Sudweeks & Stein PLLC, and according to the complaint their office filed this Thursday, Rolling Hills discovered the damage hidden from view in its exterior walls after conducting a thorough review of the properties. When it discovered the hidden damage it acted timely in tendering its claim to the insurer.

The complaint says the condo group hired a firm to perform a joint investigation with the insurers which yielded extensive water damage to several walls at the property.

Philadelphia Indemnity Insurance Company has not yet responded to the complaint, but inanticipation of a defense, attorneys for Rolling Hills argue that they were forced to file the instant complaint only after the insurer rejected its claim in October 2021.

According to the complaint, Rolling Hills accuses the insurer of failing to provide a reasonable explanation of the policy language it says supports the denial.

As this case progresses through the court, the USA Herald will continue to bring you the latest developments.

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Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

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