15 11, 2019

Your Tenant’s Water Leak Damaged My Unit – Now Pay Up – 4th DCA Says Otherwise

Condominium Association, Court Decisions of Importance, Insurance, Tenant/Landlord|

In Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849 (Fla. 4th DCA 2019) the Court held Section 718.111(11)(j), Florida Statutes, does not provide a private cause of action against condominium unit owners for the alleged negligence of the unit’s tenants. The decision underscores the complicated nature of Section 718.111(11), Florida Statutes,

2 11, 2019

Florida Legislature Provides “Re-Leaf” from Local Government Regulation

Insurance, Legislation|

Residents in Florida are no stranger to the potential hazards posed by dead, dying, diseased, and overgrown trees. In an effort to make the maintenance and removal of such trees easier for residential property owners, Florida passed into law Florida Statute §163.045 (the “Statute”). The Statute limits the ability of local governments to regulate maintenance,

19 08, 2019

New Florida Law Aims to Change the ABCs of AOBs

Insurance, Legislation|

 

Governor Ron DeSantis recently signed an Assignment of Benefits (“AOB”) reform bill aimed at protecting Florida consumers from predatory insurance practices. The new law, which took effect on July 1, 2019, is memorialized by the addition of two (2) entirely new sections to Chapter 627 of the Florida Statutes. The new law addresses abuse of

15 05, 2019

You Keep Using That Word, But I Do Not Think It Means What You Think It Means – Second DCA Weighs in on Effect of Insured Executing Multiple Assignments of Benefits

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Insurance|

When faced with major property damage, whether caused by burst pipes or hurricane damage, a property owner or community association has a duty to mitigate its loss. That means timely notifying the insurance carrier of the loss and taking reasonable measures to minimize the extent of damage. In the case of burst pipes, mitigation includes

1 02, 2019

The ABCs of AOBs: Whether Your AOB is A’OK Depends on Your Insurance Policy’s Language and Perhaps Your Local DCA

Insurance|

Generally, following an insured loss, the policy holder, or insured, files a claim for the loss and then submits receipts or invoices for repairs to its insurance carrier in order to receive reimbursement. However, sometimes repairs are too costly to pay for out-of-pocket. That is where an assignment of benefits (“AOB”) may come in handy.

5 11, 2018

Supreme Court Ruling Regarding Applicability of Contingency Fee Multipliers May Make Litigating Insurance Coverage Cases More Affordable for Associations

Community Association, Insurance|

Generally, each party involved in a lawsuit is responsible for his or her own attorney’s fees, regardless of who prevails. As with any rule, there are exceptions. For example, a statute or contract can provide that the prevailing party in litigation is entitled to recover their attorney’s fees and costs. The Florida legislature has created

1 08, 2018

Community Associations Signing Assignment of Benefits May Be Giving Away the Kitchen Sink

Insurance|

If your Association has suffered a property damage loss, chances are the Association has been asked to execute an Assignment of Benefits (“AOB”) by a vendor. An AOB is a document signed by a policyholder – in this case the Association – that allows a third party, such as a plumber, contractor, roofing company, or

9 07, 2018

Lessons from Hurricane Irma

Community Association, Insurance|

With the 2018 hurricane season already upon us, and the National Hurricane Center predicting a near or above normal year, we can look back at the lessons learned from Hurricane Irma to ensure we are prepared this season.

Insurance

Review your policies with the association’s insurance agent to ensure that the association’s properties are properly insured. Many

1 05, 2018

Actual Cash Value vs. Replacement Cost Value: Making Sense of Home Insurance Policies’ Alphabet Soup

Insurance|

Florida homeowners and community associations have two main options when it comes to insuring their homes and their belongings. Homeowners can elect to insure their property for Actual Cash Value (“ACV”) or Replacement Cost Value (“RCV”). While both ACV and RCV insure your property and belongings, they provide for different recoveries to homeowners and community