May 2011

A statute of limitations serves to restrict access to the courts after a specified amount of time has passed. The reasons for such are many, but the underlying principle is simply that if you wait too long, you give up the opportunity to resolve your issue with the courts. The statute of limitations is created by the legislature, but the parties to a contract can also agree to limit the time to bring an action before a court of law. When this happens, a question often arises as to which controls, the statute or the contract.Continue Reading New Changes to Florida Property Insurance Statute of Limitations

When I hear about wildfires, I automatically think of California and the large fires that have destroyed millions of acres of forests and property in the past years. While not usually as publicized, wildfires threaten almost every portion of the United States and pose a significant risk to life and property alike.Continue Reading Associations Should Be On High Alert For Fires This Memorial Day Weekend

The Southern District Court in Florida recently issued an unreported opinion involving a discovery dispute between the parties where the insurer sought to have the condominium association’s expert reports stricken from consideration at trial because they were not timely disclosed. The ruling focused on disclosure requirements found in the Federal Rules of Civil Procedure. The crux of the condominium association’s case was potentially at stake in this dispute.Continue Reading The Importance Of Timely Disclosing Expert Reports

The devastating tornados that ripped through portions of southeast this month have already led to over sixty thousand claims filed in Alabama alone. While many automatically think of condominium associations as the high-rise vacation destinations along the Gulf Coats, many condominium associations and HOA’s are located throughout the states. In Alabama, some of the worst hit areas around Birmingham and Tuscaloosa have some of the highest concentrations of condominiums in the state.Continue Reading Alabama Tornado Claims Hits Sixty-Five Thousand

Sometimes it is easy to determine who is covered under an insurance policy just by looking at the declarations page of the policy. Other times it is not so easy. A recent case from State of Washington illustrates just how complicated it can be to determine who is and is not covered under a policy of insurance. In the case of Elkins v. QBE Ins. Corp., No. 11-5150, 2011 WL 1562386 (W.D. Wash. Apr. 21, 2011), an insured office condominium suffered a fire loss and questions arose as to whether individual office unit owners were covered for business interruption losses under the property insurance policy.Continue Reading Insurance Coverage May Require Analysis of More than Just the Policy

(Note: This Guest Blog is by Steven M. Thomas, president of Roof Leak Detection Company, Inc., a Certified Testing Laboratory located in South Florida which specializes in testing and consulting services for commercial and industrial properties).

Severe weather events such as tornados can result in significant property damage. Structural damage can take many forms – some are obvious and others are less visible. But they can all present significant safety risks and must be identified and addressed immediately.Continue Reading Discerning Tornado Damage After A Storm

The Florida Insurance Guaranty Association (“FIGA”), generally assumes the liabilities of insolvent insurance companies. Pursuant to Florida Statute Chapter 631 FIGA assumes the rights, duties, defenses and obligations of an insolvent insurer. Florida Statute §631.70 excludes FIGA from the provisions of Florida’s attorney’s fee statute, §627.428, unless FIGA denies by affirmative action, other than delay, a covered claim or a portion thereof. Many Florida condominium associations were insured with insurance companies that have become insolvent, and so FIGA has stepped in to resolve pending claims by such associations. Often in these situations, associations and their representatives have important questions regarding whether FIGA is obligated to pay a reasonable amount of attorney’s fees if litigation against FIGA is necessary. A recent opinion from the Florida Fourth District Court of Appeal has some impact on these questions.Continue Reading Recent Ruling Concerning Attorney’s Fees And The Florida Insurance Guaranty Association

A standard clause in most property insurance policies requires an insured to sit for an examination under oath (EUO) if the insurance company requests one during the claims process. This clause is often listed as one of the insured’s duties after loss. A separate clause, sometimes entitled “Suit Against Us,” may also require that the insured comply with its post-loss duties before suit may be filed against the insurer. The question of whether an insured condominium association complied with its duty to sit for an EUO before filing suit was one of the issues discussed in the case of El-Ad Enclave at Miramar Condo. Ass’n, Inc. v. Mt. Hawley Ins. Co., 752 F. Supp. 2d 1282 (S.D. Fla. 2010).Continue Reading Must an Insured “Sit” for an EUO Before Filing Suit if It Has Been Requested?