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ARTICLE · 07 SEPTEMBER 2021

Versaille Sur La Mer V. Lexington

Mound Cotton Wollan & Greengrass
Explore more from Mound Cotton Wollan & Greengrass

Plaintiff, a condominium association in Melbourne, Florida, initially submitted a claim under a first-party property policy issued by Lexington for wind damage caused by Hurricane Irma.

United StatesLitigation, Mediation & Arbitration
Wayne R. Glaubinger
Wayne R. Glaubinger
Scott J. Sheldon
Scott J. Sheldon

Versailles Sur La Mer Condominium Ass'n, Inc. v. Lexington Ins. Co., No. 6:18-cv-1125-Orl-37TBS (U.S. District Court, Middle District Florida, July 24, 2018)

The firm obtained an order denying plaintiff's motion to compel Lexington Insurance Company to submit plaintiff's Hurricane Irma claim to appraisal, ruling that plaintiff had waived its right to appraisal by suing Lexington and participating in the litigation for several months before seeking appraisal.

Plaintiff, a condominium association in Melbourne, Florida, initially submitted a claim under a first-party property policy issued by Lexington for wind damage caused by Hurricane Irma.  Following Lexington's partial payment of $200,000 on the wind claim, plaintiff submitted an additional $10 million claim for "racking" of its oceanfront building, deforming the structure and rendering the building a total loss. Lexington denied coverage for the "racking" claim based lack of evidence, as well as the existence

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