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Insurance Losses at Common Interest Communities: Guidance for Governing Boards and Individual Unit Owners

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide counsel with insight and guidance on insurance coverage issues for common interest communities, coverage disputes that can arise, and what counsel need to know about them.

Description

Both catastrophic and more mundane losses at common interest communities are surprisingly complex and usually pit the governing board with its master policy on the one hand against the individual unit owners and their separate policies on the other. Figuring out coverage requires understanding all the governing documents and relevant statutes plus sorting through the facts and valuing the losses. Not unlike a car crash, much depends on good investigation and credible experts.

Litigation frequently arises over who is responsible for repairing damage to certain areas, particularly when multiple units are damaged. The same acts may cause different damage that is covered under different policies held by different policyholders. Where losses may be tied to criminal activity, government investigations, or grossly negligent conduct, counsel have to walk a tightrope to preserve coverage.

Not every attorney fully appreciates all the many different types of documents that must be reviewed or the nuances of how insurers cover losses at common interest communities. Counsel may find themselves advising clients who are woefully under-insured.

Listen as this experienced panel discusses the most pressing issues arising in common interest insurance coverage disputes and offers strategies for resolving them.

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Outline

  1. Types of common interest ownership
  2. Common gaps in coverage
  3. Frequently litigated disputes

Benefits

The panel will review these and other key issues:

  • What documents control and how do they interact with relevant statutes?
  • What are "other insurance" issues in condominium claims?
  • May individual unit owners sue for injury to common elements?
  • Should a unit owner's mortgagee be added as an additional insured or mortgagee on the association's master policy?
  • What is loss assessment coverage?

Faculty

Brady, Katherine
Katherine G. Brady

Principal
Moriarty Bielan & Malloy

Ms. Brady is a principal in the firm’s litigation department. She comes to MBM with years of experience in...  |  Read More

Brandt, Ian
Ian J. Brandt

Partner
Davidoff Hutcher & Citron

Mr. Brandt is Partner and Chair of the Co-op & Condominium Law practice and a commercial real estate...  |  Read More

Elmore, Kelly
Kelly C. Elmore

Principal; Chair of the Deconversion Department
Kovitz Shifrin Nesbit

Ms. Elmore advises condominium, homeowner, and townhome community associations on all aspects of corporate law...  |  Read More

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