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Insurance Firm Alleges Negligence by Condominium Association Over Water Damage

FLORIDA RECORD

Friday, November 29, 2024

Insurance Firm Alleges Negligence by Condominium Association Over Water Damage

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

In a legal dispute that underscores the importance of property maintenance and insurance coverage, Universal Property & Casualty Insurance Company has filed a lawsuit against Coral Pointe at Harbourside Owners' Association, Inc. The complaint was filed on November 14, 2024, in the County Court of the Sixth Judicial Circuit in Pinellas County, Florida. The case revolves around allegations of negligence resulting in water damage to a condominium unit owned by Dickson C. Canedy and Loraine Canedy.

The plaintiff, Universal Property & Casualty Insurance Company, acting as subrogee for Dickson C. Canedy and Loraine Canedy, claims that Coral Pointe at Harbourside Owners' Association failed to properly maintain the exterior of their condominium building located at 8000 Sailboat Key Blvd S, Unit 404, St Pete Beach. This alleged negligence led to significant water intrusion on March 2, 2024, causing extensive damage to both the structure and personal property within the Canedy residence.

According to the complaint, the defendant association had a legal duty to ensure that common areas of the condominium complex were adequately maintained. The failure to inspect and repair the exterior walls is cited as a breach of this duty. The lawsuit details several specific failures by Coral Pointe at Harbourside Owners' Association: neglecting necessary inspections and repairs of the building's exterior and failing to stop or mitigate water flow into the Canedy property promptly.

Universal Property & Casualty Insurance Company asserts that these actions constitute negligence under Florida law. As per their insurance policy with the Canedys, Universal paid out $10,444.97 for damages incurred due to this incident. Now seeking restitution through subrogation rights, they demand judgment against Coral Pointe at Harbourside Owners' Association for this amount plus costs and pre-judgment interest from when they compensated their insured clients.

The legal team representing Universal Property & Casualty Insurance Company includes Sean M. Wagner, Alyson Holob, Demi Halmoukos Sims, Beth E. Allen, Nadia L. Pazos, Jed Cvejanovich, and David Cruz from Fort Lauderdale-based law firms. The case is identified under Case Number 24-009769-CO with Judge Ken Burke overseeing proceedings in Pinellas County Circuit Court.

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