The dispute arose when Hull returned from a two-week trip to find a leaking condenser line, prompting Safeco to pay $13,843.85 while Hull demanded $112,401.23 for replacements. The U.S. Court of Appeals for the Eleventh Circuit upheld a verdict favoring the insurer because Hull disclosed his key public adjuster only after the discovery period had concluded. Without that expert testimony, Hull could not justify the charges, which oddly included a $3,000 fee for tree removal. The court ultimately determined Hull lacked the personal expertise to validate the damages on his own.
Key points
Missing court-mandated discovery deadlines can completely dismantle an insurance claim by…: Missing court-mandated discovery deadlines can completely dismantle an insurance claim by excluding vital expert testimony.
Homeowners cannot rely on their own lay testimony to substantiate complex repair costs if…: Homeowners cannot rely on their own lay testimony to substantiate complex repair costs if they lack direct technical expertise.
Policyholders must establish a direct causal link between the covered property incident a…: Policyholders must establish a direct causal link between the covered property incident and every specific repair expense claimed.
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A Georgia homeowner who returned from a two-week trip to find an attic leak has lost his lawsuit against his insurer. Torry Hull demanded more than $112,000 for repairs after Safeco Insurance Company of Indiana paid him about $13,844. On November 4, the US Court of Appeals for the Eleventh Circuit upheld a lower court's ruling in favour of the insurer.
According to the
judgment, Hull discovered a leak from a condenser line in his attic and filed an insurance claim. Safeco sent an adjuster to inspect the property, who assessed the damage at $17,187.02. After deductions, the company paid Hull $13,843.85.
Unhappy with the payment, Hull sought an independent estimate from Leading Public Adjuster Inc. It valued the repairs at $112,401.23 on a replacement-cost basis and $104,187.45 on an actual-cost basis.
Hull demanded $112,401.23 from Safeco and threatened legal action if it refused. The insurer stood by its original payment. Hull then sued, alleging breach of contract and bad faith.
Why the homeowner's lawsuit failed
Safeco argued that Hull had not provided admissible evidence linking the additional repairs to…
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