Condo Owners Fight Back: Accuse Insurer of Bad-Faith in Denying $2M Hidden Water Damage Claim
America ı By Samuel Lopez
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Top Briefings:
- Condo association claims insurer deliberately stalled a $2 million hidden rain damage payout.
- Allegations include insurer attempting to expire the statute of limitations to evade payment.
- Condo owners seek jury trial, attorney fees, and hefty penalties for alleged bad faith.
By Samuel A. Lopez – USA Herald
In a significant legal skirmish unfolding in Seattle, The Florentine Owners Association has launched serious accusations against Affiliated FM Insurance Co. (AFM), alleging that the insurer is intentionally dragging out its investigation into a substantial hidden damage claim, potentially to avoid paying over $2 million in repairs.
According to the complaint filed on March 6, 2025, in Washington federal court, the condominium owners allege that AFM is deliberately stalling, presumably to run out the contractual limitations period set within their insurance policies.
The association discovered significant concealed rain damage in October 2023, promptly notifying AFM as per the required protocols. Yet, in what the association describes as a blatant violation of their insurance contract, AFM has yet to provide any formal claim determination—a delay spanning 18 months, despite a clear contractual requirement of just 30 days, a delay that the HOA says constitutes bad-faith claims practices.
The complaint argues “A violation, if any, of one or more of the Washington claim handling standards set forth below is a breach of the duty of good faith, an unfair method of competition, an unfair or deceptive act or practice in the business of insurance, and a breach of the insurance contract. AFM’s conduct violated Washington claim handling standards.”
This claim isn't just about delayed insurance paperwork; it underscores a potential strategy by insurers to sidestep accountability by running down the clock, a practice that has riled many property owners nationwide.
In their strongly worded complaint, the condo association asserts, "AFM refused to enter into a tolling agreement with the association in an attempt to expire the contractual suit limitations provision in the AFM policies, and its investigation of the association's claim is completely illusory and pre-determined."
A Closer Look: Progressive Damage, Progressive Problems
The Florentine Condominiums, a prominent property housing 108 residential and eight commercial units, began grappling with hidden structural water damage that was gradually uncovered by J2 Building Consultants. The damage, according to the complaint, occurred progressively and incrementally, overlapping across various policy periods from 1996 to 2001.
Such incremental damage cases can prove notoriously complex, often becoming battlegrounds between insurers and policyholders, particularly when multiple policy periods are involved. Here, The Florentine Owners Association claims each period covered by AFM policies witnessed "new loss or damage," necessitating comprehensive coverage by the insurer.
Fed up with delays and inaction, the condo association is now pursuing a jury trial, seeking not only reimbursement of the substantial damage costs but also attorney fees and penalties under Washington State's consumer protection laws—penalties which could amount to $25,000 per violation.
"It's more than just the money—it's about accountability," said Daniel Stein of Stein Sudweeks & Stein PLLC, one of the attorneys representing the association. "Insurers have a duty of good faith, and when they breach that duty, policyholders suffer. Our clients deserve prompt resolution and full compensation."
Legal analysts like myself frequently witness this tug-of-war dynamic between insurers aiming to minimize payouts and policyholders determined to hold insurers to their contractual obligations. Such cases often become bellwether litigation, influencing how insurers approach similar claims in the future.
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