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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