Insurance and Liabilities

Started by AlexL1 • 6 replies • 1270 views

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AlexL1 (Florida)
Posts: 305

Posted:

I want to call our insurance provider out to the condo complex to visit and to actually go around the place totally to get an idea as to what it is and to point out potential liability problems. Problems that individuials living there could use to place lawsuits against the HOA. I have asked the insurance representative to come out 3 years ago and he did not...again last year and he did not... Now.. would like to demand they do it or we get another insurance company for our complex. I would, however, want to explain in an intelligent fashion what I would expect of him during his visit. Any ideas in wording?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alex,

One of the potential issues I see with what you are trying to do is that once an Association is made aware of a potential liability, if they fail to take steps to correct it, if something happens insurance might not cover you.

Most of this stuff is common sense. Why not take a walk around the complex yourself and note potential issues and bring them to the Board for action.

If your really concerned about liability issues, you might want to bring an attorney on site to walk the area with you. They are more likely to know what is a liability risk than your Insurance agent.

As for threatening to take your Insurance business elsewhere, check into that possibility prior to making that threat. It might be that you have the lowest rates for your area. If so, are you willing to increase your insurance premiums?

Tim

AlexL1 (Florida)
Posts: 305

Posted:

Excellent Points

BradP (Kansas)
Posts: 2,640

Posted:

Alex:

As Tim said that is the associations job, not the insurance companies job.

AlexL1 (Florida)
Posts: 305

Posted:

That may be so.... it being the HOAs job but oft times, the HOA (members) do not know for sure what is a liability and what is not and for that reason, would be great to have a more knowledgeable individual (in such affairs) point out potential liabilities.

PetunkaM (Florida)
Posts: 1,009

Posted:

Alex,

I am not sure if you have invited your insurance representative (agent) or insurance provider. The insurance representative would not or could not do a liability inspection. However, the insurance provider periodically sends their inspectors to check out the property for anything that could be a liability risk. If and when they find something they let you know in a hurry. (My experience).

In any event, I would take the opposite approach and find out how you can decrease your premiums. Believe me, insurance agents do make mistakes or sometimes do not shop for the most favorable rates. Irt pays to review all your insurance policies annually and getting a couple of quotes would not hurt anything.

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By AlexL1 on 10/18/2011 12:35 PM
That may be so.... it being the HOAs job but oft times, the HOA (members) do not know for sure what is a liability and what is not and for that reason, would be great to have a more knowledgeable individual (in such affairs) point out potential liabilities.

Alex

if you ever get drug into court you will find that in negligence cases, which liability would more than likely be, they use the reasonable person standard. Meaning any ole average Joe or Jane. If you see something such as a buckled sidewalk you would consider that a hazard because you are a reasonable person. If you see a light pole in your courtyard and it looks normal to the eye to you but later it falls over in a windstorm and hurts someone and it was determined that the bolts they used to hold it down could only withstand x amount of pressure, would a normal person know that? Those may not be good examples, but a good rule of thumb is walk around, if it looks suspicious then get an expert to check it out.

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