BOCA RATON, FL (Boca Post) (Copyright © 2026) — Berkley Insurance Company has filed a civil lawsuit in Palm Beach County Circuit Court seeking $746,232.08 in damages tied to an alleged water-damage incident at a Boca Raton condominium. The case, Berkley Insurance Company, a/s/o Samuel E. Leder v. The Estate of Linda Kaplan, et al., was filed Jan. 14, 2026, in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, under Case No. 502026CA000476XXXAMB, according to the complaint.
The plaintiff is Berkley Insurance Company, which says it brings the case as subrogee for Samuel E. Leder, the owner of a unit identified as 550 SE 5th Avenue, Apt. 106S, Boca Raton. The complaint names as defendants the Estate of Linda Kaplan, by and through its unknown personal representative, along with Mizner Grand Condominium Association, Inc., and Lang Management Company, Inc. Berkley is represented by Derrevere Stevens Black & Cozad, based in West Palm Beach, the filing shows. 502026CA000476XXXAMB_3
According to the complaint, Leder owned the unit described as the “Loss Location,” and Kaplan owned another unit in the same building identified as 550 SE 5th Avenue, Apt. 606S. The lawsuit states that, “upon information and belief,” Kaplan may be deceased, and Berkley filed against her estate through an unknown personal representative, adding that it would amend the pleading if her death is confirmed and the proper representative is identified.
The complaint alleges that on or about Jan. 16, 2024, Kaplan was smoking in her unit near and/or next to an oxygen tank, which the lawsuit claims resulted in the building’s sprinkler system activating. Berkley alleges that the activation led to “severe water damage” to Leder’s unit.
Berkley claims Leder notified the insurer, Berkley determined the matter was a covered loss, and it issued payment. The lawsuit states Berkley is “contractually subrogated” to Leder’s rights and claims and is now pursuing those claims against the defendants.
In Count I, Berkley alleges negligence against Kaplan’s estate, claiming Kaplan owed a duty to use reasonable care in operating her unit so as not to damage neighboring units and breached that duty by allegedly smoking near oxygen equipment, creating a risk of damage, and triggering the chain of events that led to water damage. Berkley seeks $746,232.08 in damages, along with costs, prejudgment interest, and other relief.
In Count II, Berkley alleges negligence against Mizner Grand Condominium Association, Inc., claiming the association owed a duty to ensure the unit would not sustain water damage and breached that duty by, among other things, failing to maintain, inspect, and/or repair the fire alarm system and fire sprinkler system, as alleged. Berkley seeks the same amount in damages from the association.
In Count III, Berkley alleges negligence against Lang Management Company, Inc., claiming the management company owed a duty of reasonable care and similarly failed to maintain, inspect, and/or repair the fire alarm and sprinkler systems, as alleged. Berkley seeks $746,232.08 in damages from Lang as well.
All allegations are claims made by the plaintiff in a civil complaint and have not been proven in court.
The original complaint, Berkley Insurance Company, a/s/o Samuel E. Leder v. The Estate of Linda Kaplan, et al., Case No. 502026CA000476XXXAMB, as filed 01/14/2026, with the Palm Beach County Clerk of Court, can be viewed here.
For context on insurance dispute lawsuits tied to property claims, see this explainer.
