A federal appeals court has upheld a ruling requiring Empire Indemnity Insurance Co. to pay over $6 million to a Southwest Florida condominium association for damages caused by Hurricane Irma in 2017.
The Mont Claire at Pelican Marsh Condominium Association filed a lawsuit against Empire after the insurer paid only a small fraction of the claim for damage to the condo buildings. The association sought an appraisal of the damage and alleged breach of contract.
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An appraisal panel ultimately estimated the loss at $8.17 million for replacement cost value and $6.6 million for actual cash value. The association opted to recover the actual cash value, but Empire disputed the amount, arguing that the recovery for roof repairs should be limited to the amount actually spent.
A district judge ruled in favor of the association, ordering Empire to pay nearly $6.15 million, plus $1 million in prejudgment interest. Empire appealed the decision, but a three-judge panel of the 11th U.S. Circuit Court of Appeals upheld the lower court’s ruling.
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The appeals court emphasized that Empire is bound by the terms of its insurance policy and the appraisal agreement. “It is bound by its contracts, and cannot now escape their enforcement,” the ruling stated.
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