News & Analysis as of

Property Damage Homeowners Association (HOA)

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection...

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more

Pillsbury - Policyholder Pulse blog

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that...more

Amundsen Davis LLC

Backyard Event Rentals: Problems Posed for Homeowner Associations

Amundsen Davis LLC on

Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for...more

Wiley Rein LLP

Insurer Owes Duty to Defend and Indemnify Nuisance Litigation

Wiley Rein LLP on

A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Damage Claim: California Appellate Court Addresses Causation Question

A California Court of Appeal (“Court”) addressed in a July 2nd opinion an issue associated with a damage claim involving mold/water intrusion. See Longmire v. 1022 10th Street, Inc., Court of Appeal of California, B288063. ...more

Cole Schotz

The Responsibility Of A Condominium Association To Its Residents On Damage Claims

Cole Schotz on

In South Florida where planned communities are common, condominium associations—and homeowners’ associations—are often the norm, not the exception. Florida Statutes Section 718.103 defines a condominium association as “any...more

Burr & Forman

Disaster Recovery: A Resource for Property Owners

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Hurricane Florence was the first major hurricane of the 2018 Atlantic hurricane season and inflicted considerable damage around the border of North Carolina and South Carolina. As property owners look toward recovery from...more

Lowndes

Cleaning Up After The Storms

Lowndes on

Building and Development Permits - While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida’s counties. Due to...more

Ward and Smith, P.A.

Who Is Responsible For That Fallen Tree?

Ward and Smith, P.A. on

In the aftermath of Hurricane Matthew many of us are dealing with damage caused by fallen trees. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners...more

Carlton Fields

The Importance Of 'The' In Crafting Insurance Exclusions

Carlton Fields on

A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work. Several months later, the mason purchased a commercial general liability policy that expressly excluded coverage...more

Cozen O'Connor

Indiana Court Dismisses Bad Faith Allegations and Praises Insurer for Timely Claims-Handling

Cozen O'Connor on

A recent federal District Court decision from Indiana, Autumn Glen Homeowners Ass’n. v. Travelers Ind. Co. of America, 2015 WL 1256391, 2015 U.S. Dist. LEXIS 33317 (S.D. Ind., Mar. 18, 2015) provides insight into both...more

Sherman & Howard L.L.C.

When Does an "Occurrence" Occur?

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

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