Judge Rules for Condo Owners in Insurance Case
By Patrick McDermott
DESTIN — A judge has awarded residents of a Norriego Point condominium $4.5 million in a fight with their insurance company over damages from Hurricane Ivan.
The East Pass Towers II Condominium Association and Citizens Property Insurance Co. have been in a disagreement over the storm’s damage to 46 units.
In a judgment issued last week, Okaloosa County Circuit Judge Thomas Remington sided with the condo owners.
Since the start of the case in late 2005, Citizens has been disputing the damages due. Both parties agreed to have appraisals done by appraisers from both sides and an independent umpire.
The condo owners’ appraiser and the umpire both reached an amount in mid-2006, but Citizens claimed its appraiser wasn’t given adequate access to inspect the property.
The insurance company asked the court to throw out the appraisal, but that motion was denied in late 2006. Another motion to reconsider voiding the appraisal was also shot down.
“So far the judge has ruled in our favor on about everything we’ve asked for and denied everything Citizens has asked for,” said Bob Ludeke, president of the East Pass condo owners association.
Still, Ludeke is cautious until he sees the check.
“Right now, I’d rather be in our position than Citizens, but we don’t have any money yet,” Ludeke said.
What happens next is up to Citizens, said Mary Kestenbaum, a Tampa insurance attorney with the Merlin Law Group who represented the condominium owners.
“We’ll just wait to see if they pay it,” Kestenbaum said. “We are hoping citizens will do the right thing and just pay the judgment.”
The insurance company could appeal the judgment, she said.
“Citizens has to take the next step,” Kestenbaum said.
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