Continuing my state-by-state review of mandatory condominium insurance requirements, this post will look at the state of Virginia, known as the “Mother of Presidents” because it is the birthplace of eight U.S. Presidents.
Continue Reading Is Your Virginia Condominium in Compliance with the Law? Mandatory Virginia Insurance Requirements
Insurance
Florida Condominium Insurance Coverage: What Insurance Coverage Must Be Obtained? Who is responsible If Condominium Insurance Is Not Purchased?
By Iris Kuhn on
Posted in Condominium Associations, Insurance
An insurance agent’s claim of “cheaper” premiums could come with the risk of less coverage. A prudent condominium association must know what is required to be insured by law.
…
Continue Reading Florida Condominium Insurance Coverage: What Insurance Coverage Must Be Obtained? Who is responsible If Condominium Insurance Is Not Purchased?
Court Decision on “Your Work” Exclusion in a CGL Policy is a Head Scratcher
By Kevin Pollack on
Posted in Insurance
In Essex Insurance Co. v. DiMucci Development Corp. of Ponce Inlet Inc., U.S. District Judge Roy B. Dalton Jr. recently held that Evanston Insurance Company has no duty to defend a builder in a lawsuit alleging construction defects at one of its Florida condominium complexes based on an exclusion in the policy for damage to the developer’s own work.1…
Continue Reading Court Decision on “Your Work” Exclusion in a CGL Policy is a Head Scratcher
Lawsuit against Condo Owner for Improvements Done in Violation of CC&Rs Did Not Amount to an Occurrence Under the Condo Owner’s Insurance Policy
By Kevin Pollack on
Posted in Insurance
A federal district court in Washington recently decided that a claim against the owner of a condominium unit arising from the owner’s installation of a hardwood floor without the necessary permission (as spelled out in the Condo association’s bylaws), did not amount to an “occurrence” under the owner’s insurance policy.1…
Which Policy Covers My Condominium Property Damage Claim?
By Kevin Pollack on
Posted in Insurance
Several weeks ago I blogged about the way insurers sometimes use “other insurance” provisions to argue that they are not responsible for paying for a loss because “other insurance” is required to do so. In today’s blog I will address a similar and related topic that comes up in scenarios involving condominium and homeowners’ associations.
Condominium Owner Insurance (COI) policies are designed to insure everything inside the condo, while recognizing the Home Owners’ Association (HOAs) will insure the common areas. The HOA coverage is often referred to as "walls out" coverage, because everything within the walls of the owner’s individual unit is usually that person’s individual responsibility (But in some condo policies, the interior, "bare" walls are covered by the HOA master policy as well). Generally, the HOA’s governing documents (CC&Rs) should typically state exactly which areas the HOA policy insures.…
Continue Reading Which Policy Covers My Condominium Property Damage Claim?
Court Agrees to Weigh in Whether Insurers are Liable for Subcontractor’s Defective Work
Damages caused by faulty workmanship has always been a hot topic in insurance law. In the Fall of 2015, the New Jersey Appellate Court stated that insurers are liable for damages arising out of a subcontractor’s defective work.1 Given this is such highly debated topic, it is not surprising that the Supreme Court of New Jersey has agreed to weigh in on whether consequential damages stemming from a subcontractor’s faulty work on a condominium complex constitute an occurrence under a general contractor’s insurance policy.…
Homeowner Association Managers, Agents and Officers Beware – Check Insurance Requirements to Avoid Lawsuits From Individual Members!!
By Kevin Pollack on
Posted in Insurance
Many of you are familiar with the following scenario—an insurance claim is denied because there is no coverage. Subsequently, the insured pursues a claim against their insurance broker for failing to obtain the coverage requested and pursues damages against the insurance broker for the insurance coverage that would have been available but for the negligent conduct of the insurance broker.
However, what many of you may not be familiar with is a similar claim that can be made against the Home Owner Association (HOA) where the HOA is required to obtain specified types of insurance coverage for the benefits of its members (according to the terms and conditions of the of CC&Rs) but fails to do so.…
Colorado Continues to Wrestle with the Appraisal Process
By Corey Harris on
Posted in Insurance
As I have noted in the past, the appraisal process has become a hot topic in the property insurance world in the past few years. Colorado has become ground zero for many of these disputes. While many states have statutory or appellate precedent to define the scope and workings of the appraisal process, Colorado is one of the few that does not.…
Continue Reading Colorado Continues to Wrestle with the Appraisal Process
Middle of the Night Insurer Roof Inspection Results in Police Investigation and Insurance Company Attorney Car Towed Away
By Chip Merlin on
Posted in Insurance
The fun and games that insurers put us and their policyholders through to not pay claims never ceases and gets more creative all the time. Attorney Ashley Harris told me that one of our condominium clients from Superstorm Sandy had a request from its insurer that the wind damaged roofs needed an inspection at 3:30 a.m. We agreed with the request but what happened was unusual—even more unusual than a 3:30 a.m. inspection.…
Federal Court Sides with Association in Appraisal Dispute
By Corey Harris on
Posted in Insurance
It seems that every few years the appraisal process becomes a hot topic across the country. While there are a number of disputes that can arise, the scope of what is determined in the appraisal process is often at the forefront of the argument.…
Continue Reading Federal Court Sides with Association in Appraisal Dispute