Louisiana Record

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Condo association sued over Hurricane Katrina insurance claim payment

By Louisiana Record reports | Jun 4, 2014

Insurance claim forms image

GRETNA – A condo owner is suing his condominium association for $65,000 after finding out nearly nine years after Hurricane Katrina damaged his condo unit that he had not been paid the full amount of an insurance claim for the damage.

Aaron Mauffray filed suit against Lake Castle Condominium Association Inc., Dalton Truax III and Wagner & Truax Inc. in the 24th Judicial District Court on May 7.

Mauffray alleges he owns unit no. 1132 in the Lake Castle Condominium located at Lake Ave. in Metairie and that through the Lake Castle Association Inc. and it manager, Wagner & Truax Inc., he was provided with a property insurance policy in the amount of $95,000 that was valid in 2005. The plaintiff asserts that when Hurricane Katrina struck the area and severely damaged his condo he took out a loan for $52,800 to pay for repairs to his condo for which he was later paid an insurance claim by Wagner & Truax for the repairs in the amount of $25,900.39. Mauffray claims that afterward an adjustment was completed that he did not see until February 2014 that put the actual damage of the unit at $38,486.19.

The plaintiff alleges he was never told about the additional money and that when he inquired about it he was told by Truax that there was no more money available. Mauffray asserts he is still repaying the loan he took out to repair the damage. In addition, the plaintiff claims due to the defendants’ failure to disclose the additional claims monies available he was not able to submit additional paperwork showing that his losses were actually greater than the claim he was provided.

The defendant is accused of breach of contract.

Damages in the amount of $65,385.80 is sought by the plaintiff including attorney’s fees.

Mauffray is represented by attorney Ernest A. Burguieres III of New Orleans.

The case has been assigned to Division A Judge Raymond S. Steib Jr.

Case no. 738-160.

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