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.”
