Condominium Insurance Law : Condo Insurance Lawyers & Attorneys : Merlin Law Group Law Firm : Tampa, Houston, Coral Gables & West Palm Beach

Recently, the Florida Fourth District Court of Appeal reversed a trial court decision that denied attorney’s fees for a condominium association after it was successful in getting a suit against it dismissed. In Point East Four Condo. Corp., Inc. v. Zevuloni & Assoc., Inc., No. 4D09-3221, 2010 WL 4962853 (Fla. 4th DCA Dec. 8, 2010), a condominium association signed a contract with a public adjuster to handle its claim under an insurance policy. The contract provided that 10% of the amount recovered would be payable to the public adjuster. The contract also provided that the prevailing party in “any action” would be entitled to attorney’s fees, payable by the losing party.

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It is very important for homeowner and condominium associations to have budgets with adequate reserves for necessary maintenance repairs to association property. Association board members and property managers may be interested in the Association of Professional Reserve Analysts (“APRA”). APRA is a non-profit corporation established to maintain an understanding of reserve planning and increase awareness in this field. APRA maintains a bimonthly publication with various articles of interest that contain beneficial information for board members and property managers involved in the budgeting of their associations.

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It is no secret in the insurance industry that the widespread damage caused by Hurricane Andrew, Hurricane Hugo, and the Northridge Earthquake changed the way insurers do business. While the claims handling process was forever changed by the internal programs instituted by large insurers like State Farm, Allstate, and Farmers, many companies also began to re-think the coverages. Meaningful mold coverage has all but disappeared, the definition of what constitutes a collapse has been significantly changed, and strict co-insurance provisions and large hurricane and earthquake deductibles are becoming more and more common.

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Chip Merlin recently authored several blog articles on the increased risks of fires this time of year. In Thanksgiving Day is the Number One Fire Insurance Claim Day and A Touching Thanksgiving Day Fire Follow-up, he discussed the increased risks of kitchen fires, and in Christmas Trees Don’t Cause Fire Insurance Claims, he gave tips for avoiding fires with Christmas trees. As important as it is for each of us to recognize these risks for our own residences, that importance is multiplied for condominium associations and owners of other multiunit residential properties.

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A recent California case, Affan v. Portofino Cove Homeowners Association, Inc., No. G041379, (Cal. App. 4th October 29, 2010), involves an interesting issue of liability for resulting damage and contamination to the interior of a condominium unit related to a sewage back-up from the association common area plumbing.

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More than six months after the Deepwater Horizon explosion and ensuing oil spill, many on the Gulf Coast are still waiting for payment from BP and the Gulf Coast Claims Facility run by “Oil Spill Czar” Ken Feinberg.

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