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Property Insurance Claim Defenses

Federal Court rules, as a matter of law, in favor of insurer on policy language allowing for separate deductibles as to each building of a condominium association and dismisses the statutory delay/denial (C.R.S. 10-3-1115, et. seq.) claims.

This lawsuit arose from a hail and/or windstorm insurance claim for alleged roof damage to eight (8) condominium buildings (and included statutory delay/denial claims against the insurer). The condominium association plaintiff argued in their motion for partial summary judgment that the insurer was only allowed to take one (1) deductible that would apply to all eight (8) buildings for a single occurrence. The insurance company established that their Windstorm or Hail Percentage Deductible endorsement was more specific than the Multiple Deductible Coordination endorsement and that, due to the more specific language, the deductible should, instead, be calculated and applied separately for each of the eight buildings. The federal district court agreed with the insurer — allowing that a separate deductible be calculated as to each of the eight (8) buildings (according to the terms and conditions of the policy) and dismissing the statutory delay/denial claims.