We represented Metanoia, a non-profit organization incorporated for the purpose of building leaders, establishing quality housing, and generating economic development in North Charleston, South Carolina.
The largest project to date for Metanoia was transforming the Old Chicora Elementary School in the Chicora-Cherokee neighborhood into a multi-use facility encompassing a performing arts center, an early childhood education center, affordable artist studios and an educational space for the community.
Unfortunately, a large fire broke out in the school in February of 2019 just prior to the redevelopment project beginning which destroyed the historic theatre and damaged a large part of the school. Metanoia had builder’s risk insurance coverage on the building prior to the fire with a limit of $21,400,000.00 in coverage. The builder’s risk insurer refused to fully cover the loss despite adequate coverage being in place for the loss on the policy. The project, which was to cost about $23,000,000.00, fell apart and sat idle for years because the insurer would not pay the claim.
Metanoia and the City of North Charleston brought suit in federal court alleging breach of contract and bad faith refusal to pay benefits under the policy in 2020. There were multiple legal and factual issues in the case. The strategy was precision and focus on the core legal issues and the precise facts which actually mattered.
After years of litigation, many depositions, expert witnesses, strategic motions practice, three mediations and a sound strategy, we were able to successfully negotiate a significant confidential settlement for Metanoia in 2023 so this project could once again move forward for the benefit of the community.
