Opinion
1:20-cv-06828
09-20-2021
HEATHERWOOD ESTATES CONDO ASSOCIATION, Plaintiff, v. NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.
AFFIDAVIT
Samuel L. Crunkleton, J.
1. Your affiant, Samuel L. Crunkleton, is currently employed by Nationwide Mutual Insurance Company as Commercial General Adjuster Manager, a position your affiant has held since July 8, 2017.
2. Your affiant's duties and responsibilities include the supervision of the investigation, handling and adjustment of insurance claims for Nationwide companies, including Nationwide Property & Casualty Company. ("Nationwide").
3. Your affiant has access to the records of Nationwide, including without limitation, the claim file for claim no. 566373-GG relating to the property loss claim made by Heatherwood Estates Condo Association ("Heatherwood") that is the subject of this lawsuit. These records are maintained by Nationwide in the ordinary course of business and it is the regular business practice of Nationwide to maintain these and similar records.
4. The claim file contains all the material and information that Nationwide possesses relating to the property loss claim made by Heatherwood that is the subject of this lawsuit.
5. Nationwide's claim log notes document the fact that on or about January 8, 2018, plaintiff gave first notice of loss to Nationwide of direct physical damage to covered property which occurred on July 23, 2017 caused by hail. A true copy of certain of Nationwide's claim log notes are attached as exhibit "B." (Bates no. NW-0237 to 0249).
6. Nationwide's claim log notes document the fact that the insured made claim for hail damage to roof shingles, aluminum siding and vents, among other property, to all 30 buildings in the condominium community. (Id., bates NW-0238).
7. Nationwide's claim log notes document the fact that on or about January 12, 2018 the loss location was inspected by Nationwide claim representative Ryan Jameson. (Id., bates NW-0237).
8. By email correspondence dated January 12, 2018 addressed to the insured's representative, Mr. Jameson confirmed receipt of the claim and that the claim included hail damage to the buildings and roof shingles. A true copy of said email is attached as Nationwide's exhibit "C." (Bates NW-0866).
9. Nationwide retained Donan Engineering Co., Inc. ("Donan") to conduct a site investigation of the loss location. Donan conducted that investigation on March 5 and 12, 2018. Donan issued a report of its investigation to Nationwide dated March 15, 2018. A true copy of Donan's March 15, 2018 report is attached as Nationwide's exhibit "D." (Bates NW-2106 to 2136).
10. The Donan report contains the following Conclusions:
* Evidence in the form of dents in the light gauge metals indicates that hail up to (Image Omitted) inch in diameter has fallen at this site.
* The roof shingles are not hail damaged.
* The areas of granule loss and scuffing are due to foot traffic and inadvertent man-made damage.
* The cosmetic dents on the siding on the west elevation are consistent with hail impacts from the July 23, 2017, hailstorm.
* The dents in the north, east and south elevations are not consistent with the size, shape, or distribution of hail dents. These dents are consistent with dents from impacts from hard objects and are not hail damage.
* The roofing and siding are not damaged by wind. (Id., at NW-2115-16)
11. Based upon the Donan report, Nationwide prepared an estimate of repair costs for covered damages dated August 6, 2018. A true copy of Nationwide's estimate is attached as Nationwide's exhibit "E." (Bates NW-0342 to 0367).
12. Based upon the Donan report, the Nationwide estimate included repair costs for aluminum siding and light gauge metals. The Nationwide estimate did not include repair costs for roof shingles. (Id.). With the exception of some roof accessories the roofing material was not replaced. (Id.).
13. Based upon the Donan report, and the Nationwide estimate, Nationwide prepared a letter to the insured dated August 6, 2018. A true copy of the Nationwide letter of August 6, 2018 is attached as exhibit "F." (bates NW-0330 to 0334).
14. The Nationwide letter of August 6, 2018 informed the insured of the estimated repair cost for covered damages, recoverable depreciation, policy deductible and net loss, as follows:
Estimated Replacement Cost: $461,145.78
Recoverable Depreciation Applied: $49,774.81
Policy Deductible $25,000.00
Net Loss: $386,370.97
15. The Nationwide letter of August 6, 2018 explained what the insured needed to do to recover the amount of $49,774.81 withheld as recoverable depreciation. (Id.).
16. Nationwide prepared an email correspondence to the insured dated August 6, 2018 with three attachments: (1) the Donan Engineering Report; (2) the Nationwide estimate; and (3) the August 6, 2018 letter. A true copy of the Nationwide August 6, 2018 email is attached as exhibit "G." (Bates NW-0340).
17. The Nationwide email informed the insured that a check had issued to the insured in the amount of $386,370.97. (Id.).
18. Plaintiff has never made claim to recover $49,774.81 or any other amount as recoverable depreciation.
19. On July 22, 2019, Nationwide received a Sworn Statement in Proof of Loss which alleges wind and hail damage to the property insured under the Nationwide policy number ACP BPHK 3036696180 occurred on July 23, 2017 and further claimed the whole loss or damage was $4,916,453.81. After application of a $25,000 deductible, Plaintiff made claim for $4,891,453.81. A true copy of the email correspondence of July 22, 2019 and attached Proof of Loss is attached hereto as Nationwide's exhibit "H." (Bates NW-0252 to 0255)
20. On July 31, 2019, Nationwide refused to accept the Proof of Loss. A true and correct copy of Nationwide's July 31, 2019 email correspondence is attached as Nationwide's exhibit "I." (Bates NW-0250).
21. Nationwide exhibits B, C, D, E, F, G, H and I are maintained by Nationwide in the ordinary course of business and it is the regular business practice of Nationwide to maintain these and similar records.
I declare under penalty of perjury that the foregoing is true and correct.