Condo Association Files Bad Faith Insurance Lawsuit in Miami

Miami, FLA condo association in the Sunshine State is making a bad faith insurance claim against its insurance provider for two residential towers in danger of being demolished next year. The Buckley Towers Condominium Association alleges that its bad faith insurance company failed to react in a timely manner to the aftermath of Hurricane Wilma in 2005.

There are 1200 residents living in the 564-unit condominium complex, spread out across two 17-story towers badly damaged by the force of the hurricane just over 4 years ago. Buckley Tower was condemned earlier this year and will be torn down in 2010 unless major repairs are undertaken.

According to the November 30 issue of BestWire, it appears as if QBE Insurance Corp. and its general agent, Florida Intracoastal Underwriters Limited Co., have little intention of undertaking the repairs.

The bad faith insurance lawsuit, seeking in excess of $500 million, alleges that the companies, "as a general business practice," engaged in bad faith claims handling practices to delay a settlement in order to "take advantage of the socioeconomic conditions of residents" and their inability to make repairs.

"QBE, as a business decision, decided to let the buildings be condemned and physically torn down, and the residents forced out of their homes," reads the lawsuit. "These condemnation proceedings would have been avoided had QBE fairly and honestly adjusted the claim."

A QBE spokeswoman said the company had no comment.

This is the second time Buckley Towers has sued QBE. The condo association notified QBE of structural damage as well as heavy damage to roofs, windows and sliding glass doors immediately after Wilma and filed a lawsuit in federal court when QBE refused to pay, according to the Association's attorney. A jury ruled in its favor this past February for $25 million plus attorney's fees.

The Association now alleges that QBE and Florida Intracoastal hired engineers and inspectors to minimize the damages at Buckley Towers and used an insurance adjuster with a revoked license who had previously been accused of failing to disclose felonies—including insurance fraud.

The bad faith insurance lawsuit was filed in Miami-Dade County Circuit Court.

If the buildings are razed next year as scheduled, 1200 residents will have to find other accommodations and shoulder the moving expenses. In the meantime, they continue to reside in a condemned building, putting at risk their physical health and emotional well-being.