Coach Homeowners Association: Case Study

HOUSTON GENERAL INSURANCE COMPANY; Inez Grant; Morehouse Parish School Board; Horace Mann Insurance Company and Lloyd Gray, Defendants-Appellants-Appellees.

Any such owner or occupant injured in the comfort or enjoyment of this estate thereby may have an action of tort for damages under chapter two hundred and forty-three.

Despite the “take it or leave it” offer presented by Hunter Pasteur, the boards attempted to engage in negotiations. We determined that Hunter Pasteur was merely asking for a release in exchange for items that Hunter Pasteur was already legally obligated to perform. The boards walked the grounds and identified numerous areas where areas were not built to plan, not built altogether, missing landscaping, dead trees, etc. The boards created a master spreadsheet of items that we wanted along with anticipated costs. We have attached a copy of our attorney’s letter and the spreadsheet that we prepared that was sent on September 19, 2017. As you can see, the letter did not threaten litigation. It indicated that we would provide the release requested by Hunter Pasteur in exchange for $371,284, which was the boards’ estimated cost of repairs. If Hunter Pasteur does not want to pay the anticipated costs, we are perfectly fine with having them perform the repairs themselves. Rather than responding to our letter, and attempting to work through the issues, Mr. Wertheimer’s decided that it would be better to send an inflammatory letter to the entire community and have his counsel send us acrimonious letters while we were in the process of completing our

The Association alleged in its lawsuit that certain elements of the property were not constructed in a good and workmanlike manner including 1) failure to properly install and flash windows and other exterior penetrations; 2) properly caulk the exterior penetrations; 3) failure to properly install the weather resistive barrier; 4) failure to properly to install the stucco exterior; 5) failure to properly install the EIFS exterior and 6) failure to install brick exterior.

Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite statement of the Plaintiff’s Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous, the newfound clarity would help the defense frame a response to said Plaintiff’s claim. No other information could be

The insureds, who live in a separate house on the same property, refute all of the plaintiffs’ allegations with the exception of their concession that a portion of the siding is missing from one of the exterior walls. They explained that during the renovation of the house, which was completed approximately one year before the plaintiffs took possession, they had a window removed from

RMS also asked if Ocwen inspected pre-foreclosure? Ocwen was not on the call regarding how this proceeded through foreclosure. Regarding the insurance claim and demo, Altisource indicated they received only 1 bid and it was very high ($55,000). They are obtaining 2 more bids. Regarding the insurance claim, Altisource again confirm a fire claim was paid out on 4/27/2012 IAO $22,745.86 (with a policy limit of $239,000). RMS indicated this did not seem sufficient and asked if there was possibly another fire, as the demo bid alone (excluding the fact Altisource feels it was high) far exceeds the payout. In addition, based on the insurance payout comments provided by Altisource, the damage did not appear significant enough to warrant demo (much of the claim was said to be interior, with a lot of smoke damage). RMS indicated there needed to be more investigation as this did not make

Mr. Howard, I can't tell you the level of disappointment I have with your organization. This ordeal is taking for ever and causing tension between the roof company our family; I have been speaking about this check with you guys for almost three weeks. I have phoned four times and the conversations sound like no one has any idea of what's going on, and to add with an additional disrespectful attitude. I received your previous email telling us that the only document needed by your office since the repair had been done was the signed and notarized affidavit. This document was express mailed to your office by the Roofing company.

Mr. James Bowan, Supervisor and Ms. Courtney Alday has been employed by the Domino Realty Management Company that manages the properties and upkeep at the Versailles on the Lake Properties. Lastly, these two witnesses had claimed that they were both employed within and during the time period of the alleged CT claim. Hence, these two witnesses whom each had direct contact and supervision of the claimant were not informed by the claimant or by any witnesses for the claimant any relevant documentation and evidence in support of the injuries pertaining to the claimants knees, neck, back and other multiple body parts, which have not specifically made within the CT claim.

As you aware, this firm represents the interests of the Spinnaker Tower Condominium Association (hereinafter “Spinnaker”). It is my understanding that Jefferson Grounds, LLC would like to complete construction of a concrete apron in the Harbortown Community later this year. It is my understanding that Jefferson-Grounds, LLC (hereinafter “Jefferson”), has requested that Spinnaker open up Jib Lane in order to accommodate traffic within the Harbortown Community during the construction of the apron. As indicated in our previous letter of April 29, 2015, Jefferson does not qualify as the “Administrator” under the Declaration of Easements, Covenants, Conditions and Restrictions for Harbortown Community, recorded in Liber 22198, Page 562-575, Wayne

I attended a hearing on your behalf in the above matter before Judge Burke in Hudson, New York, on 05/17/2017. The claimant was present and represented by attorney Ed DeLauter. Your insured, Robert George, was present to give testimony.

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Upon my arrival, I spoke to the complainant Shirlee Frazier. Ms. Frazier advised that they had a contact with J and L Roofing out of Alba, Texas. Shirlee Frazier told me James Phillips is the owner of the company. Shirlee Frazier stated James Phillips presented them the bid on July 28, 2015, and the bid was for $17, 568.00 dollars. Shirlee Frazier told me that her husband, Dennis Frazier, told James Phillips to start sometime in September, after the weather cooled down, so he could be available for inspection. Shirlee Frazier also told me they paid $14,000.00 dollars down for all the lumber and

Loss involves construction defect of a commercial building project. Zurich’s insured, Goldman Sach’s (insured) is owner of property in Jersey City NJ, who on 01/19/00 retained Turner Construction (Turner) to act as general contractor for the building project. On 11/17/00, Turner hired subcontractor, Glassalum Int’ Co (GIC) to design/install the buildings trim work.

We have requested insured to provide us with additional property information. As soon as they are received, we forward them to you.