News & Analysis as of

Condominium Associations Insurance Industry

Marshall Dennehey

Appraisal Was Premature Because an Evidentiary Hearing Was First Required to Determine Whether the Policyholder Satisfied the...

Marshall Dennehey on

Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more

Marshall Dennehey

District Court Grants Motion for Rehearing but Maintains Its Prior Decision That Affirmed the Trial Court’s Decision in Favor of...

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Universal Property and Casualty Insurance Company a/s/o Perez v. Laguna Riviera Condominium Assn, Fla. 2nd DCA, 2D23-34, Mar. 1, 2024 - In this interesting dispute, the Second District Court of Appeal took the unusual step of...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

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For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Winstead PC

[Webinar] Navigating Stormy Waters: Understanding Condominium Insurance and Named Storm Deductibles - August 22nd, 2:30 pm CT

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Join Winstead PC and Alliant Insurance for an informative webinar on Texas property insurance for condominiums. We'll dive into the essentials of Condominium Insurance and Named Storm Deductibles. Learn what actions to take...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations’ Use of Best Efforts to Obtain Insurance

Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates...more

Rivkin Radler LLP

Insurance Update - January 2024

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In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more

Baker Donelson

Changes to Condominium Insurance Requirements For “Detached” Units

Baker Donelson on

House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Pride and Prejudiced – When to Report Insurance Claims

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 9, 2020

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Real Property Update - Condominium / Release: condominium unit owner's claims against condominium association and board were barred by subject release; claims were based on water intrusion resulting from damaged roof that...more

White and Williams LLP

Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant

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In Erie Insurance Exchange v. Alba, Rec. No. 190389, 2020 Va. LEXIS 53, the Supreme Court of Virginia considered whether the trial court erred in finding that a condominium association’s property insurance provider waived its...more

Cozen O'Connor

Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them

Cozen O'Connor on

On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc., Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an...more

Haight Brown & Bonesteel LLP

Court Bars Fire Insurer's Subrogation Claim Against Condominium Tenant as Implied Co-Insured Under Lease and CC&Rs

In Western Heritage Ins. Co. v. Frances Todd, Inc. (No. A152428, filed 3/4/19, ord. pub. 4/2/19), a California appeals court held that a condominium association’s fire insurer was barred from suing a tenant in subrogation for...more

Cozen O'Connor

Texas Supreme Court Broadly Defines Successor When Enforcing the Insured v. Insured Exclusion

Cozen O'Connor on

The Underlying Dispute - Robert Primo (Primo) served as the director and treasurer for a condominium association. Shortly before he resigned from that position, he wrote himself two checks totaling more than $100,000...more

Butler Weihmuller Katz Craig LLP

As Hurricane Matthew Approaches: A "Top Ten" List for Handling Condominium Association Claims

Condominium association property claims can be contentious and confusing. Large condominium buildings often are the subject of multi-million dollar insurance claims, lawsuits, and appraisals.The “cookie cutter” nature of...more

Levenfeld Pearlstein, LLC

Rules for rewarding 'super' condo board members

Chicago Tribune Condo Adviser columnist Howard Dakoff discusses the way in which "super" board members who go above and beyond the call of duty could be compensated for their extra service. Howard is a partner in the...more

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