As many homeowners, condominium owners, directors, property managers, and public adjusters are aware, the Florida statutes of limitation are approaching for Hurricanes Katrina and Wilma….
Continue Reading Condominium and Homeowner Associations’ Fiduciary Duties Particularly in Light of Approaching Statutes of Limitation
Condominium Associations
Florida Condominiums Are Already Feeling the Effect of the Gulf Oil Spill
By Corey Harris on
Posted in Class Action, Florida
Our firm has been receiving calls from a large number of Florida condominium associations over the past few days regarding the increasing problems associated with the oil spill that is plaguing the gulf coast. I have a personal connection to this growing crisis. I spent a large portion of my life in Destin, Florida, and part of my family still lives and works in the area. Late last night, I flew to the panhandle to see what our firm could do to help.…
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Florida Southern District Court Upholds Condominium Association’s Right to Bad Faith Discovery
By Corey Harris on
(Note: This Guest Blog is by Corey Harris, an attorney with Merlin Law Group in the Tampa, Florida, office. This is part of a series he is writing on post-loss duties).
In Florida, discovery in breach of contract actions usually centers around the mystical “claim file” which insurers guard more closely than their first born child. As most who read this blog already know, the “claim file” has been held to be generally protected by Florida courts, and usually undiscoverable in a breach of contract action.…
The Cooperation Clause and Document Production: A Condominium Association’s Difficult Task
By Corey Harris on
Posted in Hurricane Wilma, Insurance
One of the most daunting tasks in submitting an insurance claim is the production of documents….
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Policyholder Advocacy and Leadership Beyond The Courtroom
By Chip Merlin on
Insurance coverage disputes are often decided by laws and regulations made outside the insurance contract. Insurance companies have known this for years. They employ an army of lawyers and seemingly have an unending treasury to lobby for laws and regulations that favor insurance company interests.…
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QBE Wins Again!!
By Chip Merlin on
Posted in Insurance
Bill Berk called me yesterday regarding the upcoming Windstorm Conference next week. During our discussion, he mentioned that his partner, Evelyn Mercahant, won a trial for QBE against a condominium association represented by a very good trial attorney, Daniel Rosenbaum. The Association was seeking millions, but the jury awarded zero.…
Coinsurance Penalties Await Policyholders Who Do Not Insure To Full Value
By Chip Merlin on
Posted in Insurance
Insuring to value is an important aspect of insurance. Most policyholders, especially condominiums, face significant penalties for not purchasing full replacement value insurance coverage. If a policy has a coinsurance penalty, any loss benefit will be reduced if property is not insured to full value. The reduction can be significant.…
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Lessons for Policyholders Years After the Loss
By Chip Merlin on
Posted in Business Property, Insurance
I saw a number of property managers of former Community Association clients yesterday at the Community Associations Institute National Conference in New Orleans. We recalled the trials and tribulations of catastrophes long past. We consult with a number of them regarding their insurance programs and will sometimes have a conference with their insurance brokers and agents trying to anticipate coverage which would be needed in the event of another disaster.…
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A Few (four, and there are more) Suggestions From One In the Muck of 2009 Insurance Claims and Controversies
By Chip Merlin on
Most insurance opponents find it amusing when I explain how many places I have been in a week. If they only knew how many matters I have "touched" in a day they would fully appreciate how hard I work to protect policyholders. This morning at breakfast, a Zurich attorney asked about my daily schedule and I responded as I normally do, that I am "busy." The truth is that I was up at 5:45 am, in Tampa, flew to Destin, Florida, and picked up a client which lead to strategy on her case, then on to New Orleans where I met with new potential clients, met with the Zurich counsel, went to a Condominium Conference, worked on the paperwork of a seven figure hotel settlement, etc.,—- I am in the "muck" of insurance disagreements and want to help, which is why you should listen to the following suggestions.…
Risk Managers, Property Managers and Condominiums Should Consider Wind Deductible And Vacant Property Coverage
By Chip Merlin on
Posted in Insurance
The monthly Florida Underwriter is an excellent publication that I read to stay informed about many current issues facing the Florida insurance market. It is also very good at noting significant legal and political issues which impact insurance. Even the advertisements sometime reflect trends of insurance coverage that are significant to our clients.
Two coverage…