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Articles Posted in Insurance

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susanodess-srhl-224x300An article authored by shareholder Susan C. Odess was featured as the “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Florida Legislature Passes Assignment of Benefits Insurance Claim Reform,” discusses the ramifications of the new state law to reform the insurance industry practice known as assignment of benefits, or AOB.  Her article reads:

. . . The AOB process, which has been in place for decades, has become controversial in recent years because of an increase in residential water-damage claims, primarily for broken water pipes and leaks. Property owners sign over their claim benefits to contractors, which are then able to pursue payments directly from the insurers.

The proponents of AOBs say they help to ensure claims are properly paid, but the legislators supporting the bill have said it is aimed at curbing abuses of the AOB process. Insurance carriers have contended for many years that AOB fraud and the excessive litigation it generates have led to higher property-insurance rates.

dbr-logo-300x57The new law limits attorney fees in AOB lawsuits filed by contractors against insurers. The legal fees will be calculated using a set formula, but the caps would not apply to lawsuits filed by policyholders.

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susanodess-srhl-thumb-200x267-94402Stuart-Sobel-2013-200x300Firm partners Stuart Sobel and Susan C. Odess won a $3.67 million jury verdict in federal court in Miami for the St. Louis Condominium Association, which sued its insurer Rockhill Insurance Co. over a denied claim for extensive damage to the Brickell Key tower caused by Hurricane Irma.  The verdict was filed last Wednesday, June 5, and it is chronicled in an article in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article reads:

. . . the judgment is good news for the association since it stood to get nothing from its insurer, said Stuart Sobel, who was part of the Siegfried Rivera team representing the association.

“I believe in juries, and I am pretty pleased with the results. In light of the alternative where the insurance company basically said, ‘We are not paying any money.’ They said we suffered no damage form Hurricane Irma,” Sobel said.

He said the hurricane churned in the condominium’s vicinity for 24 hours. The building sits on Biscayne Bay east of downtown Miami.
Sobel worked on the case with Siegfried Rivera’s Susan Odess . . .

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Hurricane preparedness is a significant undertaking for every community association in Florida. Being well prepared — and well informed — can determine whether association boards and their managers will sink or swim in the aftermath of a storm. Here are some helpful tips to enable associations to stay ahead of the 2019 hurricane season, which officially began on June 1 and will end on November 30:

Maintain an up-to-date paper roster of the current residents, and store it at an accessible off-site location. Hurricane-2-300x169A separate list of residents who are remaining in the building should also be kept. Accounting for the whereabouts of all residents can be vital for emergency response teams who might have to provide medical assistance to any residents in need.

Keep important documents at a safe alternate location. This includes a copy of the association’s governing documents, a certified copy of the insurance policy, bank account information, service provider contracts, and contact information for all residents, staff and vendors of the association.

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There are many objections to board service that are often cited by unit owners who are reluctant to serve on their community association’s board of directors. While the time commitment is a prevalent concern, some believe that the post also brings with it an unreasonable level of liability and exposure to lawsuits by disgruntled unit owners.

To quell those concerns, such individuals should recognize that condo associations and HOAs typically carry Directors and Officers Liability Insurance (aka D&O insurance), which serves to defend and protect directors from lawsuits to which they may be exposed. Additionally, directors are also protected by indemnification provisions of the Florida laws governing not-for-profit corporations as well as the articles of incorporation of their association.

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A recent news report about excessive levels of radon gas in a Florida condominium raises some interesting questions about the proper response from a condominium association and its insurance carriers on this issue.

The report, which appeared in late November in the pages of the Venice Gondolier Sun, chronicled how the owners of a unit at the South Preserve II of Waterside Village Condominium were surprised to learn that tests conducted at the behest of their tenants found excessive levels of radon in their unit. The odorless and colorless gas, which comes from the radioactive breakdown of naturally occurring radium found in most Florida soils, rocks and groundwater, is the second leading cause of lung cancer overall and is the leading cause among non-smokers. In Florida, one in five homes tested has elevated radon levels above the limits set by the Environmental Protection Agency, and the gas can be found in homes, schools, offices and high-rise condominiums.

According to the newspaper’s article, the unit owners sent the test results to their association, which hired a different company to conduct its own tests that yielded similar results. The radon levels in the residence were more than five times the level considered safe by the EPA.

rn-300x196The owners obtained an estimate for $3,100 to mitigate their unit, but per EPA rules the company would be required to inform the neighbors of the mitigation process. It also requested that the owners sign an “inadvertent collateral mitigation form” stating the company would not be held responsible for any environmental impacts on adjoining units.

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Hurricane Michael caused severe damage to condominiums and HOA communities in the Florida panhandle, and in the aftermath of the storm many of the area’s community associations will be filing property damage claims with their insurers.  Here are some tips that will help the boards of directors and property managers for these associations to make the process as smooth as possible:

 

Document the Damage

One of first steps for associations to take will be to document the damage.  Taking photos from a number of different angles and perspectives is a good start, and video recordings documenting all of the damage throughout the affected areas are also very helpful.  This should be done prior to any repairs or clean up, including the installation of tarps to prevent further water intrusion.

hurricane-damage-300x200For roof damage, associations should be very cautious and avoid walking on roofs that have been impacted.  Some insurers may attempt to demonstrate that the damage was exacerbated by individuals walking on the roof to take photos/videos and install tarps.  If the damage is not visible from the roof access door of condominium buildings, consider using a drone to take aerial videos.

 

Prevent any Further Damage

The only repairs that should be made immediately following all of the photo and video documentation should be those that are necessary to prevent further damage and ensure safety.  This includes emergency repairs such as covering damaged roofs and broken windows with tarps.

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Michael-Hyman-srhl-lawThe firm’s Michael L. Hyman authored an article that appeared as the “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “$7.5M Verdict Against Condo Association Should Have Been Prevented,” discusses the multi-million dollar verdict in a case involving a hot tub accident at a St. Petersburg, Florida, condominium and the potential ramifications that can result when any defects in community amenities are not properly addressed.  Michael’s article reads:

In 2008, Ehab Mina was about to step into the hot tub at the Boca Ciega Resort & Marina Condominium when he became startled to see that it was partially drained. The problem in the hot tub caused the 44-year-old to slip, and he badly injured his right shoulder and spine.

Mina required multiple surgeries, and he was ultimately forced to sell his boat-building business as a result of his injuries. He filed suit against the association and its property management company, Condos by Sirata Inc., alleging that the hot tub should have had a posted warning and adequate lighting in the evening hours.

bciega-300x206The attorneys for the condominium association responded by arguing that the half-empty hot tub was an obvious condition, but the jury found the association and its management company to be jointly liable.  It awarded a $7.56 million verdict to Mina.

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susanodess-srhl-224x300Michael-Clark-Gort-photo-200x300Article authored by:  B. Michael Clark, Jr. and Susan C. Odess

After Hurricane Irma made landfall in Florida last year, many property owners were surprised at how unfamiliar they were with the property insurance claim process — mainly because of Florida’s remarkable hurricane-free streak. However, the 2017 Atlantic hurricane season marked the end of that winning stretch, catapulting many Floridians who experienced property damage into insurance claim purgatory.

By now, community associations, business owners and homeowners who filed a claim relating to Hurricane Irma damage should have heard back from their insurer as to whether their claim was denied, determined to be under the deductible or fully covered. For many policyholders, their insurer’s coverage decision came back as a disappointing slap in the face, leaving them as discouraged as they felt after receiving the pricey estimates for their repair costs.

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susanodess-srhl-224x300The firm’s Susan C. Odess authored an article that appeared as a “My View” guest column in the Business Monday weekly supplement of today’s Miami Herald.  The article, which is titled “Clients Must Use Insurer’s Contractor or Face $10k Cap,” focuses on a new rule from Citizen’s Property Insurance that limits claim payouts to $10,000 unleMHerald2015-300x72ss policyholders agree to use the insurer’s preselected contractors.  The article reads:

Beginning in February, Citizens will be able to force commercial and residential property policyholders who file claims for all non-weather water losses to use the company’s preapproved contractor or agree to limit their total payout to $10,000. This arbitrary figure is artificially low, as many claims involving water losses often cost much more to repair.

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We hope that you and your loved ones are safe after the storm with little to no damage to your property.  Our thoughts remain with those whose homes and loved ones were impacted by Hurricane Irma.  As local, state and federal officials throughout Florida respond to those who have been impacted—whether it is because of loss of power, property damage or fallen powerlines or trees—we want to make sure we do our part to help our commuIrma-1024x535nity as well.

If you have had a chance to drive around, you will notice that there are a number of trees that have fallen on homes, causing serious damage to their roofs, windows, and even their foundation. If you’ve been able to tune in to the news to see coverage of the storm’s aftermath you have seen that many areas experienced massive flooding. Due to the property damage that some Floridians are currently experiencing, we want to make sure that everyone is well-informed on the proper way to handle any insurance claims that may arise. Keep in mind that it is important that condominium, cooperative Continue reading

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