Termite Damage Claim Noteworthy Cases

Termite Damage Claim – Ongoing Cases

In November 2017, Cardillo Law Firm takes on termite inspection company, Al Hoffer’s Pest Protection, Inc., in a jury trial scheduled in Brevard County, Florida. Our client has suffered over $1,000,000.00 in termite damage. He has already recovered a substantial termite damage claim payment from his insurer, Universal.

In December 2017, termite protection company giant Truly Nolen is again in our crosshairs. The trial in Tampa is expected to vindicate the rights of clients Richard and Mary Alice Stanfield.

In January 2018, a jury trial in Tawfik v. St. Johns will commence in Tampa. Cardillo Law Firm has had past success against St. Johns and therefore fully expects to prevail. Our clients have suffered approximately $104,000.00 in termite damage to their home and have already recovered a separate payment from Citizens. A separate case against Arrow Pest Control remains pending.

In April 2018, Cardillo Law Firm is back in the Panhandle in a jury trial scheduled against termite industry giant Terminix. Cardillo Law Firm has successfully prosecuted literally dozens of cases against Terminix and expects this case to be no different. Ms. Taft has already obtained a substantial recovery against her insurance company State Farm.

Later in April 2018, Cardillo Law Firm is back in Tampa for a jury trial in Highlands v. American Capital. This condominium association client has projected repair costs of $11,000,000.00, and has already successfully achieved recoveries from insurance companies Axis, American Coastal, and Empire.

Still later in April 2018, Cardillo Law Firm will conduct a jury trial in Ft. Lauderdale on behalf of a young couple who suffered serious termite damage to their first home. Cardillo Law Firm has already successfully made recoveries against insurance carrier Universal and termite giant Terminix. This case is against the termite inspection companies.

In May 2018, Cardillo Law Firm is back in Tampa for a jury trial in Landings v. Lloyd’s. This condominium association client has projected repair costs of $7,000,000.00, and has already successfully achieved recoveries from a separate Lloyd’s entity and U.S. Fire Insurance Company. A separate claim against Truly Nolen also remains pending.

In June 2018, Cardillo Law Firm is in Marion County, Florida, in a jury trial scheduled against termite company Premier Termite & Pest. Mr. & Mrs. Kalb have already obtained a substantial recovery against their insurance company Florida Farm Bureau.

Termite Damage Claim – Noteworthy Cases & Settlements

In June, 2017, Cardillo Law Firm completed its various claims filed on behalf of client Starlight Tower Condominiums. In the series of several separate insurance company recoveries, Cardillo Law Firm collected a total of $369,000.00 to assist Starlight in its concrete repair project. The success in this case is an example of Cardillo Law Firm’s successful handling of concrete spalling cases in addition to its core termite cases.

In October, 2011, Cardillo Law Firm conducted a jury trial in the Sheffield v. Orkin case. The jury entered a verdict of $413,000.00, and consistent with the trial court judge’s ruling, invalidated a purported $250,000.00 damages cap. Orkin chose not to appeal the defeat and paid a total of $666,000.00, which included expert costs and interest. Sheffield also reached separate settlements with Scottsdale Insurance Company, American Coastal, and Great American, demonstrating the effectiveness of a multi-pronged approach which led to recovery from several separate sources, the total recovery of which exceeded $2,800,000.00.

In September 2011, Cardillo Law Firm reached a mediated settlement with State Farm on behalf of Baker County residence Mr. and Mrs. Wilson. The Wilsons’ termite damage claim against their termite company Green Frog remains pending.

In September 2011, Cardillo Law Firm secured a confidential mediated settlement from Continental Insurance Company shortly before a jury trial was scheduled to begin in Tampa, Florida. The King Cole Condominium Association, located in Miami Beach, Florida, is also prosecuting a separate case against its termite company Truly Nolen, pending in Dade County.

In August 2011, Cardillo Law Firm secured a confidential settlement from Arrow Pest Control for the Oaks Condominium Association, by virtue of a repair guarantee issued by Arrow. With this payment, combined with the significant confidential payment by the Oaks’ property insurer Allstate, relieves the Association and its unit owners of a substantial debt incurred when it made termite repairs. In these difficult economic times, Cardillo Law Firm is especially proud of assisting these individual homeowners, many of whom are on fixed incomes.

In July 2011, Cardillo Law Firm secured a $58,000 settlement from the insurance company ANPAC on behalf of homeowner clients Jia and Qui Li Wang, just two days before the jury trial was scheduled to begin. This trial had been scheduled for last year, but the insurance company ANP AC improperly transferred the case to federal court in order to dodge the trial. The federal court ruled that ANP AC had wrongly removed the case to federal court, and ordered the case back to the state court for trial. The Wangs also have a separate termite damage claim suit pending against Truly Nolen, which has not yet been scheduled for trial.

In March 2011, Cardillo Law Firm reached a confidential settlement with Scottsdale Insurance Company on behalf of Sheffield Condominiums, located in Palm Beach County, Florida, in order to resolve its termite damage claim against Scottsdale. The estimate to complete repairs is approximately $7.8 million.

In January 2011, Cardillo Law Firm reached a confidential settlement with Allstate on behalf of Oaks Condominiums in order to resolve its termite damage claim against Allstate. The Association spent approximately $1.1 million to complete termite repairs. Cardillo Law Firm achieved a significant ruling in the case which led to the settlement, which can be found at Oaks v. Allstate, 2010 WL 4542899 (M.D. Fla. Nov. 10,2010). Cardillo Law Firm achieved a significant ruling in the case which led to the settlement, which can be found at Oaks v. Allstate, 2010 WL 4542899 (M.D. Fla. Nov. 10, 2010). A separate claim against Arrow was settled in August, 2011.

In November 2010, Cardillo Law Firm reached a confidential settlement with Nationwide on behalf of Palma Vista Condominium in order to resolve its termite damage claim against Nationwide. The Association spent approximately $1.2 million to complete termite repairs. Cardillo Law Firm achieved a significant ruling in the case which led to the settlement, which can be found at Palma Vista v. Nationwide, 2010 WL 4274747 (M.D. Fla. Oct. 7, 2010). Separate claims against Palma Vista’s insurance agency and against Terminix remain pending.

In March 2010, approximately one week before trial, State Farm Florida agreed to pay Cardillo Law Firm’s client Park Place Condominium $1.1 million for termite damage to the 92 unit complex. A separate suit against State Farm Fire remains pending in Hillsborough County, Florida. Additionally, Park Place has filed an arbitration claim against pest control giant Terminix. The estimate to repair all of the termite damage at the complex totals approximately $5.3 million.

In March 2010, our homeowner client Jon Jones recovered $196,000, the full policy limits on his homeowner’s policy, for severe termite damage to his personal residence located in Flagler County, Florida. A separate claim against a termite inspection company remains pending.

Over the course of 2008, 2009, and 2010, our client Naomi Trenary received payments totaling $122,000 from State Farm as a result of Cardillo Law Firm’s efforts. However, Ms. Trenary’s termite ravaged condominium unit, located in Volusia County, Florida, remains unrepaired because State Farm has refused to pay any additional amounts, despite a repair estimate of $224,000, forcing Ms. Trenary to file suit against State Farm. A separate suit against Teminix is also pending.

In November, 2009 and February, 2010, our homeowner clients Mr. &amp
Mrs. Galbraith, whose property is located in Pasco County, Florida, reached confidential settlements with both their insurance company State Farm and termite company Terminix regarding their termite damage claim.

In September 2009, Raintree Condominium reached a confidential settlement with Orkin in connection with termite damage to the pool cabana. Unfortunately, Raintree has been recently forced to assert a new action against a different termite company, RBC, as a result of termite damage at another location in the complex.

In July 2009, Mr. &amp Mrs. Brennan reached a confidential settlement with their insurance carrier USAA for termite damage to their home in Osceola County, Florida that was so significant that it required an emergency vacating of the house to ensure the safety of their children. A separate suit against their termite company, Apex, remains pending.

In March 2009, our client, the owner of an apartment complex located in Melbourne, Florida, reached confidential settlements with both its insurance company Lexington and termite company Massey.

In March 2009, Terminix agreed to a confidential settlement to satisfy a claim brought by a Pinellas County, Florida client. Two separate insurance companies earlier settled separate claims, ensuring a complete recovery for our retired client.

In January 2009, Terminix agreed to a confidential settlement regarding termite damage claims asserted by our clients, whose home is located in Monteverde, Lake County, Florida. Their insurance company, Liberty Mutual, earlier settled a separate suit by paying the full claim plus attorney’s fees. Those senior citizen homeowners have thus been made whole by virtue of the combined settlement from both Liberty and Teminix.

In December 2008, Arrow Pest Control Company, which acquired Hughes Pest Control, agreed to pay Tampa, FL homeowners Kim and Ben Foster $94,000 in order to secure a dismissal of an unfair and deceptive trade practice suit. Earlier, the Fosters confidentially settled a separate lawsuit against their insurance carrier United Property and Casualty. The termite repair estimate projection was approximately $95,000 however, by securing a combined amount well over current repair projections, Cardillo Law Firm has ensured that these homeowners will be made whole in the event that undiscovered and unanticipated termite damage must be repaired.

In July 2008, homeowner Grace Lau recovered $65,500 from her insurance company. Ms. Lau had spent $36,000 to repair her home, but her insurance company refused to pay for the termite damage. After the claim was denied, and Cardillo Law Firm brought a suit on her behalf, the insurance company Liberty Mutual ended up paying $65,500, almost double the repair costs. In a separate lawsuit, Orkin, the pest control company, paid $20,000 towards the repair costs.

On October 16, 2007, a court order was issued in the case of Kurtis Kelly, Plaintiff v. General Star National Indemnity Company, Defendant

In yet another homeowner termite damage claim, Mary Spellman sued both her insurance company SAFECO, and her termite company Cody Pest Control, in separate Volusia County, Florida lawsuits. Cardillo Law Firm achieved a combined substantial six figure settlement for damage to Ms. Spellman’s small guest house.

In September 2008, after 8 years of litigation, Orkin agreed to pay $848,000 to settle a criminal racketeering suit. The court had recently granted Sandalwood permission to seek punitive damages based on its false advertising claim against Orkin, and rather than face a jury trial scheduled for November, 2008 in Bushnell, Florida, the pest control giant was finally held accountable. The $848,500 payment is in addition to an earlier litigation settlement with Sandalwood’s insurance company Allstate. In 2004, Allstate agreed to pay Sandalwood $2.25 million the day before a federal jury trial was set to begin in Tampa. Additionally, in 2007, Sandalwood reached a confidential settlement with its insurance agency in connection with the significant termite damage at the property. In total, Cardillo Law Firm achieved cash payments from various responsible parties totaling nearly $4 million. The Firm is very proud of this remarkable chain of results for this client, which was achieved only after grueling battles in 3 separate lawsuits.

Termite Damage Claim – Nationally Reported Cases

N.P.V. Realty v. Nash, 2017 WL 1735101 (M.D. Fla. 2017)
Highlands v. American Coastal, 2016 WL 4473474 (M.D. Fla. 2016)
Hyde Park v. Lloyds, 2016 WL 6821126 (M.D. Fla. 2016)
Park Place Condo v. Indian Harbor, 2015 WL 1954068 (M.D. Fla. 2015)
Raintree Village v. Great American, 2013 WL 5304054 (M.D. Fla. 2013)
Kelly v. Balboa, 2012 WL 12906514 (M.D. Fla. 2012)
Kelly v. Balboa Insurance Company, F. Supp. 2d, WL 4761905 (M.D. Fla. 2012)
Lakeview Condominium Association v. Nationwide, WL 1453813 (N.D. Fla. 2011)
Wang v. American National Property and Casualty Company, WL 52869 (M.D. Fla. 2011)
The Oaks v. Allstate, WL 67971 (M.D. Fla. 2011)
The Oaks v. Allstate, WL 4542899 (M.D. Fla. 2010)
Palma Vista v. Nationwide, WL 4274747 (M.D. Fla. 2010)
Sheffield Woods v. Scottsdale Insurance Company, WL 3385311 (M.D. Fla. 2010)
Palma Vista v. Nationwide , WL 2293265 (M.D. Fla. 2010)
Palma Vista v. Nationwide, WL 2956923 (M.D. Fla. 2009)
Sheffield Woods at Wellington v. Orkin, Inc., WL 11336313 ( M.D. Fla. 2008)
Kelly v. General Star National Indemnity Co., WL 3034654 (M.D. Fla. 2007)
Rollins and Orkin v. Lighthouse Bay, 898 So.2d 86 (Fla.2d DCA 2005)
The Sandalwood Condominium Association at Wildwood, Inc. v. Allstate Insurance Co., 294 F.Supp.2d 1315 (M.D. Fla. 2003)
Taylor Woodrow Construction Co. v. Burke, 606 So. 2d 1154 (Fla. 1992)
Laniewicz v.Rutenberg Construction Co., 580 So. 2d 203 (5th DCA 1991)
Perez v. Zohar, 556 So. 2d 569 (Fla.2d DCA 1990)
Buns Unlimited of Florida, Inc. v. Unemployment Appeals Commission, 508 So. 2d 786 (Fla.2d DCA 1987)
U.S. v. Ezell, 24 M.J. 690 (ACMR 1987)
U.S. v. Church, 23 M.J. 870 (ACMR 1987)
U.S. v. Cannon, 23 M.J. 676 (ACMR 1986)