A resort in Miami claims that Lexington Insurance failed to pay the nearly $17 million in hurricane claim for damage and losses caused by Irma.

Carillon Miami Wellness Resort is a high-end hotel-condominium off of Miami Beach which allegedly sustained $16.7 million in damages and losses during Hurricane Irma. The resort allegedly sustained $9.6 million in building damages, $3.15 million in roof damages, $1.2 million in business interruption losses, $995,000 in north tower damage, $892,000 in flood damage, and $860,000 in south tower damage.

Hurricane Irma was a Category 4 hurricane by the time it made landfall in Florida in September 2017. There were 52 deaths directly caused by the hurricane and 82 indirect deaths. In total, the hurricane caused $77.16 billion in damages – making it the fourth costliest tropical storm on record.

Carillon Resort argues that their insurer, Lexington Insurance Co. failed to pay for their damages or make a determination on coverage for their Hurricane Irma damages. The resort recently filed a breach of policy lawsuit against their insurer alleging that this lack of action violates the terms of the insurance policy.

Lexington has argued against these claims, arguing that some of the $16.7 million claimed by Carillon Resort was a result of faulty building designs, construction defects, and normal wear and tear opposed to damage from the storm. Although the company acknowledged that it hasn’t made a payment, it argues that it has made a determination of coverage.

The Hurricane Claim Lawsuit is Case No. 93396756 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami Dade County, Florida.

Filing a Hurricane Claim

After a hurricane, homeowners and businesses may be faced with significant damage or losses. If they are insured, home and business owners can file a claim for any damage resulting from the storm.

One key step in this process is contacting the insurance agent. These agents have a variety of important information such as what is covered by a policy, how long a policyholder has to file a claim, whether a claim exceeds a deductible and more. When home and business owners have the information they need, they can file a hurricane claim.

It is important to note that flood damage is often not covered under standard homeowners or business insurance policies. Flood insurance is usually covered under a separate policy purchased at an additional cost.

After a claim is filed, policyholders can make temporary repairs and prepare for adjuster visits. An adjuster’s visit may be easier if policyholders already have a proof of loss form filled out, an inventory of damaged or destroyed items (with receipts), a list of structural damage, written bids from contractors, and other documentation.

In some cases, home and business owners may be able to successfully file hurricane claims with no outside assistance. In other cases, these policy holders may benefit from seeking help from an experienced hurricane insurance lawyer. These legal professionals may be able to help home and business owners compile documentation and negotiate for the best possible insurance settlement.