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One of my memorable cases is one involving, well it may not sound like something that would be memorable, but it’s about windows that were leaking water causing mold. That may not be interesting in and of itself, but what was interesting is that it was happening for one particular party at a number of different locations that they had properties at. So they had throughout the country buildings that were having a similar leaking problem with water coming in through their windows, and essentially from their perspective ruining the exterior of their building.
Because water was seeping in on a regular basis pretty much every time there was high humidity or rain coming into the windows causing damage on the interior of the building. Causing damage on the exterior of the building. And they were looking for insurance to help them with the cost to fix those. From the other side, the perspective was they were looking for someone to essentially build them new buildings, even though what they were having was a slow and gradual process of water coming in and eventually causing damage.
And part of the reason it was memorable was because it was throughout the United States for the most part that this problem was happening. But we had to first identify what the problem was, how the water was coming in, and then go about trying to establish that what was happening was happening on a long-term. So that meant not dealing with the people at the tops of the organization, who from their perspective everything just happened overnight and caused instant ruin to their buildings, but looking deeper and talking to the people that were actually in those buildings – in this case hotels – that were in those rooms every single day cleaning, wiping and looking after the damage that was gradually happening.
So we were able to help our clients with the resolution of that case by going out and getting statements of the people that were actually on the ground, who had an understanding about what was happening in the building. They may not have known what the cause was, but they were seeing the effects on an everyday basis. And over the course of time, we were able to establish that these were a gradual process, and then achieve for our insurance company that client that we represented victories at the trial court level, and then ultimately the case was resolved while things were on appeal, but not until after the appellate argument had happened in one of the cases.
So it was memorable. It took years of my life. We traveled to wonderful places throughout the United States. This particular hotel company wasn’t one that had hotels in big cities throughout the United States, but more in what people would call second cities, or in capitals where the capital of the state wasn’t even the largest city in the state. So I got to see parts of America that many people haven’t seen and that I hadn’t seen in years anyway.
Coral Gables, FL commercial litigation attorney Adam B. Leichtling talks about a memorable case involving a national hotel chain experiencing water damage caused by defective windows.