On January 10, 2012 BMS lawyers Evelyn Merchant, Melissa Sims and Melanie Grant obtained a defense verdict in a Hurricane Wilma condominium case.

In Ocean View Towers Association, Inc. v. QBE Insurance Corporation, United States District Court for the Southern District of Florida; Case No. 11-cv-60447-SCOLA   Plaintiff sued QBE alleging breach of the insurance contract and seeking damage in excess of $5 million dollars for additional damage allegedly caused by Hurricane Wilma.

Plaintiff first provided notice of its loss within days of Hurricane Wilma. Upon notice, QBE evaluated Plaintiff’s claim and issued payment totaling $125,312.09, after application of the $270,818 hurricane deductible. Plaintiff had no further communication with QBE until the lawsuit filed on October 15, 2010, nearly five (5) years after the date of loss.

Plaintiff’s estimate prepared by loss estimator Paul Norcia, paid on a contingency basis, and submitted after suit was filed, claimed unpaid damage exceeding $5 million dollars on a replacement cost basis.  QBE asserted that Plaintiff’s additional claimed damage did not include any damage caused by Hurricane Wilma which was not already paid.