This is the case of Hawkins Number One LLC v. Verlan Fire Insurance Co. et al., in the U.S. District Court for the Southern District of Mississippi.

A devastating rainstorm in October 2020 resulted in a collapsed roof for Hawkins Number One LLC, a Mississippi-based company, and now they are seeking $11 million in damages from their insurer, Verlan Fire Insurance Co., and their broker, Hub International Midwest Ltd. In an amended complaint filed last week, Hawkins Number One LLC alleged that the insurer and broker failed to cover the damage and negligently investigated their claim.

According to the complaint, nearly two inches of torrential rain pooled on the 75,000-square-foot building in Jackson, Mississippi, causing the roof to collapse, and resulting in a total loss. The company stated that they contacted their agent/broker within a few days of the collapse, but received no contact from either Hub or Verlan. In order to comply with local building codes and avoid further structural damage, Hawkins Number One LLC had to remove debris and spent over $750,000 on removal and repairs, including the demolition of walls.

However, Hawkins Number One LLC argues that the roof collapse is clearly covered by their policy. They stated, "The sole cause of the loss to the insured property was the roof collapse caused by the torrential rain and accompanying wind — a covered loss under the subject policy."

Instead of providing coverage, Hawkins Number One LLC alleged that the defendants negligently investigated the claim. They stated that the defendants' agent/adjuster specifically stated during the investigation of the claim that "the company is looking for ways to deny this claim" and suggested to the public adjuster engaged by the plaintiff that the company plans to get a special investigative unit involved in the claim, wrongfully implying that the insured plaintiff is guilty of fraud by intentionally causing the collapse.

The company is now seeking compensatory and punitive damages, arguing that $11 million is "an amount sufficient to punish them for their willful, wanton and grossly negligent bad-faith actions and to deter them from similar actions in the future."

Hawkins Number One LLC is represented by Michael D. Greer of Greer Russell Dent & Moore PLLC and David W. Baria of Cosmich Simmons & Brown PLLC.

Verlan is represented by Scott Ellzey and Drury S. Holland of Phelps Dunbar LLP and Russell E. Reviere of Rainey Kizer Reviere & Bell PLC.

Hub is represented by David A. Barfield of Maron Marvel Bradley Anderson & Tardy LLC.