With the Atlantic Hurricane Season rapidly approaching, associations should be checking with their agents and brokers to make sure that their property policies are in place and that all terms and conditions are understood. This includes the typical policies that provide coverage for events such as wind and fire, as well as flood insurance policies mostly issued by the National Flood Insurance Program.
Continue Reading...In Florida, The Department of Financial Services manages a non-binding mediation process that permits policyholders to challenge claims decisions reached by Florida insurers. Florida Statute §627.7015 codifies the mediation process, which applies to condominium association and residential claims in Florida. The purpose of the statute is to use the mediation process to encourage an inexpensive and speedy resolution of insurance claims prior to commencing litigation. Under the statute, insurers in Florida are required to notify all first-party claimants of their right to participate in the mediation program “[a]t the time a first-party claim within the scope of this section is filed.” Florida Statute §627.7015(2).
Continue Reading...A recent lawsuit filed in Baltimore, Maryland, by one condominium unit owner against a neighboring unit owner and her condominium association illustrates potential liability for condominium associations in unit owner disputes.
Continue Reading...Many associations know the complexity of a large insurance claim all too well. Whether it is a fire, hurricane, earthquake, or water leak, dealing with adjusters, tenants, and other board members can be difficult and confusing at times. In most cases, best practices dictate that a single director should be appointed to “head up” the insurance claim effort. While the whole board should make decisions together, having a single individual as the contact person for the insurance company and/or its adjusters can relieve stress and avoid confusion.
Continue Reading...Burdens of proof are always an important thing to understand in conducting an appropriate legal analysis, particularly as they relate to a coverage analysis in first-party property insurance claims. Shockingly, I have seen insurance company representatives who, when evaluating an insurance claim for coverage, do not fully understand the analysis under an all-risk policy form. This confusion can lead to litigation that may otherwise be unnecessary and can actually cause the insurance company additional costs above the amount of the claim.
Continue Reading...As I have discussed in the past, some insurers attempt to avoid bad faith actions by arguing that the current law requires a judicial determination that the insurer breached the contract as a prerequisite to liability. Simply by participating in the appraisal process, these carriers believe that they somehow have immunity for any previous actions that delayed a claim.
Continue Reading...Late last year, the Garden-Aire Village South Condominium Association filed a declaratory judgment action against its insurance company, QBE Insurance Corporation, seeking a declaration from the Court as to its rights on its Hurricane Wilma loss. The condominium association’s lawsuit included three counts:
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