Florida is the only state to address and provide a statutory definition for a “re-opened claim” or a “supplemental claim.” Florida’s law is not a consumer protection law. Instead, it is an insurance company protection law. The current edition of Florida’s Supplemental and Reopened claims law reads as follows:
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Colorado’s FAIR Plan Expands Safety Net for At-Risk Properties
As Merlin attorney Jonathan Bukowski previously discussed, the Colorado Common Interest Ownership Act (CCIOA) sets forth specific minimum insurance requirements for common interest communities, such as condominiums and homeowners associations (HOAs). These requirements are designed to ensure that common elements and, in some cases, individual units are adequately insured. …
Understanding the Interplay Between an Individual Unit Owners’ Policy and Their HOA Policy is Crucial for Submitting Condominium and Townhome Claims in California
Of the 39 million potential insureds making up California’s population, over 14 million – or over 35% – live in homeowners association communities. Therefore, understanding whether their property damage claims fall under their individual or association insurance policies is essential to properly recovering insurance benefits. Equally essential is understanding which policy takes priority when property…
Is Deductible Buy-Down Insurance A Wise Choice For Condominiums? A Basic Guide For Association Boards and Property Managers
Deductible buy-down insurance, also referred to as buyback deductible insurance, is designed to reduce the deductible that an insured party would have to pay in the event of a claim. It operates on a simple principle: by purchasing a deductible buy-down policy or endorsement, the insured party can reduce or even eliminate the deductible that…
Florida Condo Associations: Dodging Floods and Drowning in Premiums?
Well, folks, another hurricane season in Florida has come and gone, leaving us with nothing but a collective sigh of relief and the looming specter of potential disaster. In the spirit of commemorating the official end of hurricane season, I urge you to take a moment to reflect on your condo association’s insurance choices. Because…
Condominium Associations Need to Cooperate and Provide Information to Move Along a Property Insurance Claim
Most property insurance companies take too long to investigate, request far too many documents, and delay analyzing the documents after they obtain them so that months pass before a decision is made on the property loss. This is not proper and not in the spirit of good faith claims service all condominiums are promised and…
Tips For Association Leaders Purchasing Fidelity, Employee Dishonesty, and Crime Insurance for Condominium Associations
As an attorney who has represented hundreds of condominium associations following losses, I understand the importance of having the right insurance policies in place to protect your association’s assets and financial well-being. Fidelity, Employee Dishonesty, and Crime Insurance are crucial components of a comprehensive insurance plan for condominium associations. Yet, it is a very complex…
Understanding a Liability Insurance Carrier’s Duty to Defend
When a condominium association finds itself defending a claim asserted by a unit owner, it is imperative to understand what is the association’s liability insurance carrier’s duty to defend the claim.…
Florida Condo Association Insurance Requirements Include Crime and Fidelity Insurance or Bonds To Reimburse Stolen Association Funds
If you are part of a condo association, you should know that association monies are always at risk from wrongful and criminal activity. In fact, Florida law requires condominium associations to carry crime insurance or fidelity bonds to protect against fraud, embezzlement, and other financial crimes.
Associations should seek the broadest crime and fidelity coverage…
Condominium Earthquake Insurance in California
Condominium Earthquake Insurance in California
If you own a condo in California, it’s a safe bet you are not covered against damage caused by an earthquake. Earthquake damage is typically an excluded peril under HO-6 and similar condo policies. Earthquake coverage is required to be offered, but only about 15% of condo owners choose…