Most basic commercial insurance policies, including association master policies, provide coverage for the actual cash value of damages sustained as a result of a covered loss. Actual Cash Value is generally the amount it would actually cost to repair or replace the damaged property, minus depreciation.
Continue Reading...Telecommuting is a work arrangement in which employees enjoy flexibility in working location and hours. For them, the daily commute to a central place of work is replaced by cyber communication links. According to Wikipedia, estimates suggest that over fifty million U.S. workers (about 40% of the working population) could work from home at least part of the time. Some may work from home occasionally, while others may establish a home-based business. For many, homes are the most convenient and cost-effective workplace, particularly in this economic crisis. Homeowners in condominium associations may be subject to restrictions—or potentially even a total ban—on business use of their homes if the association has a residential restriction in its governing documents that prohibits the use of residential units for commercial purposes.
Continue Reading...Almost twelve years ago, Florida’s Third District Court of Appeal published its opinion in U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999). As of the writing of this post, Romay has been cited in no less than 44 published court opinions. Most of these cases, like the recent Citizens Prop. Ins. Corp. v. Gutierrez, 59 So. 3d 177 (Fla. 3d DCA 2011), cite the language from Romay which requires that “[t]he insured must comply with all of the policy's post-loss obligations before the appraisal clause is triggered.” Unfortunately, this statement is only half of Romay. This is the half that focuses on the insured’s obligations. There is another side of Romay that focuses on the insurer’s obligations, and although this other side is not often discussed, it recently found its way into a published opinion from the United States District Court for the Southern District of Florida in 200 Leslie Condo. Ass’n, Inc. v. QBE Ins. Corp., No. 10-61984-CIV, 2011 WL 2470344 (S.D. Fla. June 21, 2011).
Continue Reading...One of the best defenses against natural disasters is to have a disaster plan in place. Depending on where your association is in the United States, there are numerous disasters, such as earthquakes, wild fires, tornados, floods, and hurricanes that residents potentially face. Emergency planning has become an essential skill for association managers, who should understand what types of disasters are likely to occur, develop disaster response plans, practice them, and discuss them with the residents.
Continue Reading...With the passage of Senate Bill 408, (Chapter Law 11-39), many have asked how the new laws will affect their current insurance claims. While sweeping changes are rarely passed, even a small change in a law can determine the outcome of a claim.
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At Merlin Law Group, P.A., our mission is to provide efficient and effective legal counsel, service, and advocacy to insurance policyholders and claimants.More...
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