Association’s Delay in Filing Suit Against Insurance Carrier Results in Dismissal of Case Seeking Over $1,000,000 for Storm Damage

This case involved a dispute between a homeowner’s association (“Association”) and its insurance carrier (“Carrier”) over whether the Association submitted a timely claim for insurance proceeds relating to storm damage (hail/wind/rain damage).

Association submitted a property damage claim with the Carrier in September 2019, based on damage allegedly suffered from a storm that occurred in June 2019. Carrier investigated and sent a January 27, 2020 letter stating it would make no payment—explaining its consultant found no hail damage and attributed roof conditions to age/weathering, while noting it would consider additional information the association believed supported coverage. The policy required any lawsuit to be filed within two years and one day after accrual.

After the association sent additional engineering materials, the insurer continued investigating (including additional engineering review and a small repair estimate) and sent a January 26, 2021 update letter reiterating there was no hail damage from the reported storm and that any minor wind-related items could be repaired for under $2,000—well below the policy’s $100,000 deductible—and expressly stated “our previous claim decision remains unchanged.”

The Association filed suit against the Carrier on May 17, 2022, for breach of contract and various extra-contractual/statutory claims, seeking over: