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RobynH1 (South Carolina)
Posts: 39
Posted:
I see Travelers has denied any liability for the death case of T. Martin.

Should all HOA's be running to their insurance companies for confirmation of liability for D&O (Director & Officers) coverage explanations on their policies if this should happen in their HOAs?

I'm sure their are several HOAs that could possibly end up in this situation unwillingly.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Two things I noted about the policy that the HOA had with Travelers Casualty and Surety Company of America.

First, the policy was issued on March 30, more than a month after Martin was killed on February 26. It is not clear from the news report whether this was a new policy or a renewal of an existing policy. If it was a new policy then there would be no expectation for coverage of an event that occurred prior to the policy being issued.

Second was "an exclusion clause in [Taveler's] policy contract absolves it of paying for losses caused by or resulting in bodily injury." Makes me wonder what the policy does cover. It would seem to me that any HOA always has the possibility of being sued for someone's bodily injury. People trip on the sidewalk and sue. Kids fall off playground equipment and sue. An HOA policy that does not include coverage for bodily injury seems kind of odd.

Does anyone have more information about this policy and/or other coverage the HOA had?

BTW, the source for my information is at:
http://www.washingtonpost.com/national/trayvon-martins-mother-seeks-money-from-homeowners-association-and-crime-victims-fund/2012/08/06/72d49ace-dfff-11e1-8d48-2b1243f34c85_story.html

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By RobynH1 on 08/07/2012 8:01 AM

Should all HOA's be running to their insurance companies for confirmation of liability for D&O (Director & Officers) coverage explanations on their policies if this should happen in their HOAs?

The issue is - was the individual acting on behalf and at the guidance of the Association, the Neighborhood watch Organization (local sheriff dept), on his own or a combination of some or all of the above?

This is for a court to rule on.

The attorney is likely naming anyone and everyone who may have been involved and has deep pockets (as the attorney probably will receive a certain percentage of the damages awarded). The deeper the pockets the higher the payout possibility.

EllieD (Vermont)
Posts: 446
Posted:
The following link provides some additional information. I am also posting two quotes from this article which helps to clarify the Insurance Coverage.

http://www.cohoalaw.com/community-association-news-after-a-tragedy-the-inevitable-search-for-deep-pockets.html

The HOA's insurance coverage - which went into effect over a month after the shooting - excludes coverage for deaths made as part of a claim for wrongful employment practices. Did the HOA "employ" Zimmerman as contemplated by the insurance policy? This is a matter that will likely be litigated.

This is a stark reminder for all board members to carefully consider the consequences of permitting owners to take voluntary action for the association. If a volunteer causes a problem - by re-routing a drainage pipe, misinforming another owner, or even causing physical harm to someone - that volunteer may not be covered by the association's insurance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It may have been too soon to deny the claim. The insurance doesn't cover criminal or suspected criminal behavior. There has not been a ruling yet for the insurance to deny yet in my opinion. However, it is normal policy behavior to deny the first claim for the most part.

You have to keep in mind what the insurance covers. HOA is ALL the owners of which the BOD elected represents. The BOD have the D/O insurance to protect their personal assets from being involved in lawsuits brought against the whole of the HOA. Their actions represent not personal decisions but those of the group in the view of the law so to speak.

This event was the action of one person. I don't believe he was a board member. Therefore does not represent the HOA. As he doesn't represent the HOA and the insurance represents the HOA, the insurance could deny claim. Plus it depends on the claim being made here. It's unclear. Were they being sued by the parents or was the HOA trying to put claim for legal costs they are incurring? More details would be needed to even define the reason for denying the claim.

Former HOA President
DoloresM2 (California)
Posts: 60
Posted:
Maybe I am have the facts wrong, but if the insurance was taken out after the shooting, why would the insurance company be liable. Unless it was a renewal of the policy that was in place at the time.

My community had a volunteer watch program, staffed by volunteers in vehicles provided by the association. They did a very good job and I never heard of any problems. Our community is one of the largest in the state and seems well financed as our restaurant if open to the public and the facilities are often rented out to the public for weddings, etc. However, we have now changed from volunteers to a contracted security company. The change notice made clear that this security was only to observe and report to the police if necessary, not to approach anyone or any dwelling. I think this must have happened because of the Florida incident.

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