Corless Barfield Defeats Tower Hill on Attempt to Force Repairs

TAMPA, FL, April 13, 2012

Today, in Marion County, Florida, in a case styled Glenn and Kimberly Trabing v. Tower Hill Select Insurance Company, Circuit Judge Frances King denied the most recent attempts by Tower Hill Select Insurance Company to force an insured to enter into a contract before payment for subsurface repairs will be paid.

Although the insurance policy in question indicated that Tower Hill may withhold coverage for subsurface repairs (e.g. grouting and underpinning) until these repairs are commenced, Ted Corless of the Tampa-based law firm Corless Associates, in conjunction with Morgan Barfield of the Barfield Law Group, argued the language did not apply to the facts of the subject claim. The Court agreed with Corless and granted his motion for entry of final judgment. According to Corless, a comprehensive bad faith suit is now underway and will be filed by the end of this week.

"Tower Hill Preferred forced my clients to participate in more than 2 years of litigation, only for them to lose, yet still refuse to make payment," Corless said. In its original investigation of the claim, Tower Hill argued the loss had occurred before they insured the property, despite the fact the very experts it hired did not agree. However, later on in the process it was discovered that Greg Nelson, a high-ranking Tower Hill representative had decided on his own to deny the insurance claim.

After the lawsuit was filed and the Tower Hill expert deposed, the Court threw out Tower Hill's defense and ordered it to provide coverage. Tower Hill then sought refuge behind the "neutral evaluation" program. However, this attempt was unsuccessful--even the neutral evaluator rejected Tower Hill's position on the claim, finding the damages in excess of the policy limits.

Although the neutral evaluation findings were made in November 2011, Tower Hill still had not paid as of March 2012. Today's hearing took away their last chance to avoid payment, unless it intends to appeal the ruling. Given the fact that the appellate court for Marion County has already ruled in a manner against Tower Hill's position, this move would not appear wise.

Nevertheless, as it is their right to continue to defend and seek an appellate review, the insureds in this case may have to wait even longer. Regardless, when the smoke clears, Tower Hill is going to find itself responsible for years of delay, interest, costs and a mountain of attorneys' fees. Corless commented, "The next time I hear about insurance companies complaining about lawsuits, I'm going to show them this one. Tower Hill has had years to resolve this claim, but chose to adjust the loss in the courtroom."

Corless hopes that Tower Hill's loss today will bring it to its senses and hopes it will not use these same tactics in other cases. Corless said his phone "has been ringing off the hook since word got out that the Tower Hill 'siege' is now over."

Tower Hill has 60 days from the date of the final judgment to pay the loss, and 30 days from the date to file an appeal.

About Corless Associates

The Tampa law firm of Corless Associates prides itself on offering sound legal advice and aggressive advocacy in cases involving sinkhole damage, insurance claims and personal injury. The firm regularly represents property owners in insurance coverage disputes over losses caused by hurricanes, hail, fire and water damage.

The attorneys at the firm are experienced litigators who have a results-oriented approach. As a result, the firm has successfully argued hundreds of cases and has recovered millions of dollars owed to their clients.

To schedule a free initial consultation with one of their experienced attorneys, call (813)-498-1623 or visit them online at http://www.czlegal.com/.