Condominium Property Insurance Claims

In Florida, what do property insurance claims and disputes encompass?

Property insurance claims and disputes revolve around disagreements between policyholders and insurance companies regarding coverage, the amount of compensation, or the insurer’s duty to defend. Such disputes often arise when policyholders believe their insurers have wrongfully denied or underpaid a claim or when insurers argue that policy exclusions or conditions apply. The crux of these disagreements often stems from interpreting policy language or assessing damages.

For example, disputes may arise in the aftermath of hurricanes or other natural disasters, where policyholders seek compensation for damages caused by wind, rain, or flooding. These disputes may also encompass disagreements over the value of damaged or destroyed property, leading to lengthy negotiations or even litigation. In addition, in some cases, policyholders may allege that insurance companies acted in bad faith by denying, delaying, or undervaluing claims without a legitimate basis. Therefore, policyholders and insurers must understand their rights and obligations under Florida law to navigate these complex disputes effectively.

Need help to handle a claim or dispute against your policyholder? Schedule your consultation today with a top property insurance claims attorney.

Which Florida laws, rules, and regulations apply to property insurance claims and disputes?

Florida property insurance claims and disputes follow a combination of state statutes, regulations, and case law. The Florida Insurance Code contains various provisions for insurance contracts, insurers, and policyholders, including Chapter 627, which explicitly addresses property insurance.

Florida’s Condominium Act governs condominiums and provides a framework for resolving insurance claims and disputes. In particular, Section 718.111(11) of the Florida Statutes clarifies the insurance responsibilities for condominium associations and individual unit owners. However, determining coverage and responsibility often depends on the specific language of the insurance policy, which can lead to disagreements.

Understanding the interplay between Florida statutes, regulations, and case law is essential for effectively navigating state property insurance claims and disputes.

How do condominium property insurance claims connect to property insurance disputes?

Condominium property insurance claims in Florida often lead to disputes due to the complex nature of the claims and the involvement of multiple parties. For example, disputes often arise between unit owners, condominium associations, and insurance companies. Key factors contributing to these disputes involve interpreting insurance policies, determining responsibility, and allocating loss among policyholders.

For example, a condominium may experience water damage from a broken pipe within a unit. The unit owner and the condominium association may disagree on who is responsible for the damage and which insurance policy should cover the loss. As a result, the parties might need to rely on legal professionals or the courts to help interpret their policies and determine responsibility.

When a set of facts is appropriate for facilitating property insurance claims or disputes, there are many paths a client may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What are the prerequisites for policyholders to file condominium property insurance claims?

Policyholders must establish the following:

• Prompt notification: Policyholders must notify their insurance provider of a loss immediately. Delayed notification can lead to denial of the claim.
• Proof of loss: The policyholder must submit a completed, signed, and sworn proof of loss statement to the insurance company within the specified time frame in the policy.
• Mitigation of damages: Policyholders must take reasonable steps to minimize further damage after a loss occurs.
• Cooperation with the insurance company: Policyholders must cooperate with their insurance provider during the claim investigation, including providing access to the damaged property, relevant documents, and necessary information.
• Compliance with policy conditions: Policyholders must comply with all requirements outlined in their insurance policy, such as paying premiums on time and maintaining the property.

How can legal counsel facilitate condominium property insurance claims, and what are the associated strategic benefits?

An effective attorney often considers and resolves the following for their clients:

• Understand policy provisions: Counsel must have a thorough knowledge of the insurance policy’s terms and conditions, including coverage limits, exclusions, and endorsements.
• Coordinate with Condominium Associations: Counsel should establish clear communication with the condominium association to clarify responsibilities and streamline the claims process.
• Evaluate damages and losses: Counsel must accurately assess the extent of damages and losses to ensure that the claim is comprehensive and adequately covers all necessary repairs and expenses.
• Comply with deadlines and procedures: Counsel must ensure that clients meet all deadlines and procedural requirements, such as submitting timely proof of loss statements and adhering to policy provisions.

As a result, policyholders strategically benefit in the following ways:

• Effective negotiation: Counsel can negotiate with insurance companies on behalf of the policyholder, potentially securing more favorable claim settlements.
• Legal expertise: Counsel can guide complex legal matters, such as interpreting policy language and navigating disputes.
• Time and stress relief: By handling the claims process, counsel can save policyholders time and reduce the stress of navigating insurance matters.

Please contact our office to set up your initial consultation to see what forms of legal protection and advocacy may be available for your unique situation.

Frequently Asked Questions

1. How are insurance responsibilities divided between unit owners and condominium associations?

In Florida, insurance responsibilities generally divide between unit owners and condominium associations based on the provisions in the condominium’s governing documents and the Florida Condominium Act.

2. What should a policyholder do if their condominium insurance claim is denied?

If a condominium insurance claim is denied, policyholders should consult with legal counsel to review their policy, evaluate the reasons for denial, and determine if an appeal or litigation is warranted.

3. Can unit owners purchase additional insurance coverage beyond what the condominium association provides?

Yes, unit owners can purchase individual policies, such as HO-6 policies, to cover personal property, liability, and other risks not covered by the condominium association’s insurance.

4. What is the difference between an all-in and bare walls policy for condominium insurance?

An all-in policy covers the common elements and the individual units within a condominium. In contrast, a bare walls policy only covers the common elements and leaves unit owners responsible for insuring their units.

5. How does Florida’s Valued Policy Law apply to condominium insurance claims?

Florida’s Valued Policy Law requires insurers to pay the full policy limits for a total loss, regardless of the property’s actual value. This law can come into play in condominium insurance claims involving a total unit loss, potentially entitling the owner to the full policy limits.

Have more questions about property insurance claim recovery?

Crucially, this overview of condominium property insurance claims does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.