Gina Lozier and Michael Higer, Berger Singerman. Courtesy photos

INSURANCE

Gina Clausen Lozier and Michael Higer

Berger Singerman

The co-leaders of Berger Singerman's insurance practice group represented the owner of two apartment complexes operating in conjunction with the U.S. Department of Housing and Urban Development.

A contractor was renovating the properties when Hurricane Irma heavily damaged both complexes and pushed out the residents in 2017. After insurers undervalued the claims, the law firm pursued remedies to relocate tenants, expedite repairs and bump up the insurance recovery.

For other clients, Gina Clausen Lozier and Michael Higer also represented a real estate investor-developer on insurance claims after the same hurricane caused $65 million in damage to its holdings. The legal team also obtained nearly 100 percent of the disputed amount on hurricane claims for the McArthur Farms dairy operations.

Describe a key piece of testimony, evidence, ruling or order in your case and how it influenced the outcome: When Hurricane Irma hit, the apartments were being renovated, and the catastrophic impacts of the hurricane left hundreds of residents without a secure structure to call home.

Clausen Lozier and Higer assisted the property owner in presenting its multimillion-dollar insurance claim under a multi-layered, builder's risk-property policy. The insurance companies issued payments for only a fraction of the repair costs and lost business income.

Through the strategic filings of civil remedy notices, alternative dispute resolution procedures and detailed presentations to the insurance companies regarding coverage available under the policy, Berger Singerman recovered over $30 million in property damage and lost business income for the owner. This substantial and expedited recovery, without the necessity of protracted litigation, allowed the owner to promptly repair the properties.

Berger Singerman accomplished this result while assisting the owner with tenant relocation and navigating issues with the contractor who was in the middle of the project at the time of the hurricane.