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Presentation on theme: "Insurance Community University www.InsuranceCommunityUniversity.com Condominium Insurance 1  The webinar will begin shortly.  There is no audio at this."— Presentation transcript:

1 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Insurance 1  The webinar will begin shortly.  There is no audio at this time.  This presentation is being recorded for your viewing pleasure at a future date.  The attendance and proctor forms are available under ‘Materials’ in the Webinar’s Console to the right.  The PowerPoint presentation is also available under ‘Materials’.  You will receive the course number for your state near the end of class.  Use the ‘chat’ window for questions on the content.  100% Participation in Polling Questions is required to receive credit for this class. Even if you do not intend to receive credit, please participate in the polls.

2 Insurance Community University www.InsuranceCommunityUniversity.com Welcome to your Insurance Community University All of you are currently on mute – Un-mute your own system – Telephone Option Select Telephone on your screen Dial in the PIN number so that your number becomes active – Microphone and/or Speaker Option You can use this option if you have a headset that you use with your computer 2 Audio

3 Insurance Community University www.InsuranceCommunityUniversity.com Participation & Chat Window You will receive information from the monitor via the ‘Chat’ window. – Please locate window in the control panel Q & A is welcomed during the presentation and at the end of the presentation You will find the question box on your control panel – Write your question in that box and send it to the presenter/organizer The presenter will take those questions in the order submitted 3

4 Insurance Community University www.InsuranceCommunityUniversity.com DOI Requirements When you see a slide with the hand up symbol, touch the “hand” icon on your control panel – Click ONCE only If you do not raise your hand, the monitor will be in contact with you in the chat box If you are in a group, the designated proctor is responsible to make certain you are all in attendance at all times 4 = Hand is down

5 Insurance Community University www.InsuranceCommunityUniversity.com Polling Throughout the class we will be conducting periodic polls We need 100% participation on the polls The polls are intended to check participation but also to create discussion topics throughout the presentation 5

6 Insurance Community University www.InsuranceCommunityUniversity.com Forms To Complete for CE After class ends – Return attendance form – Proctors – return your form to email address Email address is in chat window or in email sent to you today 6

7 Insurance Community University www.InsuranceCommunityUniversity.com DOI Requirements We will file your hours with the DOI after the completion of this webinar and we have received the attendance form. You have 48 hours to return the form You will be sent a Certificate of Attendance/Completion by email. Please retain this for your records for five years. 7

8 Insurance Community University www.InsuranceCommunityUniversity.com Internet Disruption If the presenter looses internet connection STAY ON THE LINE The administrators will communicate with you

9 Insurance Community University www.InsuranceCommunityUniversity.com Internet Failure If the internet fails and all participants are kicked off line by Go To Training or other source then the seminar will be terminated You will receive instructions by email as to how we will proceed This is a precautionary notice, only 9

10 Insurance Community University www.InsuranceCommunityUniversity.com Disclaimer Insurance forms and endorsements vary based on insurance company; changes in edition dates; regulations; court decisions; and state jurisdiction. This instructional material provided by Insight Insurance Consulting and the Insurance Community Center is intended as a general guideline and any interpretations provided by Insight, Insurance Community or presenters do not modify or revise insurance policy language. When ISO language is included in the materials, all ISO content is protected by the ISO copyright. All parties to this presentation and creation of materials assume neither liability nor responsibility to any person or business with respect to any loss that is alleged to be caused directly or indirectly as a result of the instructional materials provided. Copyright 2010 – 2013 All Rights Reserved www.insurancecommunitycenter.com 10

11 Insurance Community University www.InsuranceCommunityUniversity.com Your Instructor Today Laurie Infantino, CIC, AFIS, CISC, ACSR, CISC, CRIS President and Co-Founder of The Insurance Community Center

12 Insurance Community University www.InsuranceCommunityUniversity.com Condominium The Five Key Issues you Must Know to Insure the Association and the Unit Owner 12

13 Insurance Community University www.InsuranceCommunityUniversity.com What this class will cover 1.Understanding the difference between a Cooperative, Townhouse and Condominium 2.Condominiums: a.Relationships; b.Responsibility; c.Requirements d.Review of the Association CC & Rs 13

14 Insurance Community University www.InsuranceCommunityUniversity.com What this class will cover 3.Determining what coverages must be provided on the Association Policy for both Property owned in association and the units as defined in the CC & Rs 4.Review of some key coverages the association and management company must carry 5.Review of the Unit Owners Policy 14

15 Insurance Community University www.InsuranceCommunityUniversity.com #1--Understanding the difference between a Cooperative, Townhouse and Condominium They can look alike! Your insured does not know what they bought! It is all about “ownership”. 15

16 Insurance Community University www.InsuranceCommunityUniversity.com Townhouse  The term “townhouse” is often used as a descriptive term to mean a two story living space.  The term “townhouse” used in this context is a description rather than referring to the “ownership” issues 16

17 Insurance Community University www.InsuranceCommunityUniversity.com Townhouse  In general a “townhouse” is defined as: - A single or multi-plex building, but is seldom more than three stories high - A townhouse is an attached living unit to another unit - Each townhouse homeowner owns their home up to the middle of the attached wall which is the “unseen” division between the two units. Thus the use of the word row house depicting the houses in a row. 17

18 Insurance Community University www.InsuranceCommunityUniversity.com Townhouse In a townhouse, the owner of the townhouse owns it as their sole property. The townhouse owner typically has fee simple title to the land under their unit. The appropriate coverage for a townhouse is a Homeowners Policy (HO OO O3) which covers the dwelling as well as other structures; personal property and loss of use. Additionally Comprehensive Personal Liability forms part of the package. 18

19 Insurance Community University www.InsuranceCommunityUniversity.com Townhouse A townhouse owner may be part of a community that is governed by an association. –The association, which is made up of the townhouse owners, may own common elements such as guard houses, swimming pools, landscaping. –As with a condo association, the C C & Rs must be reviewed and the CC & Rs will determine what categories of regular and special assessments can be made against the townhouse owner. 19

20 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #1 20

21 Insurance Community University www.InsuranceCommunityUniversity.com Cooperatives The concept of cooperatives began in 1926 in New York. It is one of the oldest multi family type of housing. Many Apartments converted to coops as a legal method to sell off units 21

22 Insurance Community University www.InsuranceCommunityUniversity.com Cooperatives A cooperative is a multiple unit building that is typically used for residential purposes. However, there are cooperatives that are used for commercial purposes or mixed occupancies in a building made up of residential and commercial occupancies. 22

23 Insurance Community University www.InsuranceCommunityUniversity.com Cooperative Cooperatives are different from townhouses or condominiums. Cooperatives often resemble apartment houses. The distinction is that individuals purchase their cooperatives as compared with apartment dwellers who are non-owner tenants in a building. 23

24 Insurance Community University www.InsuranceCommunityUniversity.com Cooperatives Often times when someone says they bought their apartment unit, they actually purchased a coop. As with a condo, the CC & R’s for the coop must be reviewed 24

25 Insurance Community University www.InsuranceCommunityUniversity.com Cooperatives It is the cooperative ownership that is very distinctive. In a cooperative the individual units and the buildings in general are owned by the “cooperative” in common. The “cooperative” is typically a corporation and the owner of each unit is a shareholder in the corporation (cooperative). 25

26 Insurance Community University www.InsuranceCommunityUniversity.com Cooperative The individual unit owner’s interest in the coop is typically expressed as a undivided fractional owner. For example if there were 18 units in the cooperative building each of equal size, then each unit owner would have an undivided fractional interest of 5.55%. 26

27 Insurance Community University www.InsuranceCommunityUniversity.com Cooperative For insurance purposes the cooperative building and all common properties are insured on a Commercial Property program similar to that of an apartment form of insurance. Unit owners purchase individual insurance on the contents in their units on a Tenants Package Policy HOO O4. 27

28 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #2 28

29 Insurance Community University www.InsuranceCommunityUniversity.com Insuring the Condominium They come in all forms and shapes 29

30 Insurance Community University www.InsuranceCommunityUniversity.com 30 Attached—Mariners Cove Detached High Rise Beach Front Condo

31 Insurance Community University www.InsuranceCommunityUniversity.com 31 Condo zoned residential and commercial The World of Resident Sea Four Seasons Mixed Occupancy Condo and Retail

32 Insurance Community University www.InsuranceCommunityUniversity.com Condominium A condominium may appear as many different types of living spaces: Single Family Multi-plex living units (2, 3, 4 family connected units) Multi residential units in multi-story buildings Mixed residential and commercial occupancy building 32

33 Insurance Community University www.InsuranceCommunityUniversity.com Condominium The word “condominium comes from the Latin word meaning joint ownership or control. Condominiums were originally developed by the Romans to solve congested living conditions and to promote conservation. 33

34 Insurance Community University www.InsuranceCommunityUniversity.com Condominium What is common about all the types of condominiums is the “ownership” of the units and the duality of ownership concerns and considerations between the “unit owner” and the association. In the condominium risk there are two parties that have ownership interest in the condo complex and “unit”. (Additionally there is ownership interest in the unit if there are lenders involved) 34

35 Insurance Community University www.InsuranceCommunityUniversity.com Time Share Time Share Units differ in many ways from “traditional” condominiums. – In a time share there is an added dimension in ownership which is “time”. – Ownership interest is expressed as an undivided fractional interest based on time such as l/51st interest in the condo. The insured’s primary Homeowners Policy typically will provide coverage for any personal property away from the premises that they take to their time share. 35

36 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #3 36

37 Insurance Community University www.InsuranceCommunityUniversity.com Condos and Solutions HO6 Can be added to primary HO (Seasonal) Condo Association Policy Owner Occupied HO6 with endorsements Can be added to HO DP + Liability Condo Association Policy Rented to Others NO HO 6 Contents would be on primary residence policy Condo Association Policy Time Share 37

38 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #4 38

39 Insurance Community University www.InsuranceCommunityUniversity.com Condos and Solutions A Commercial Package Policy for the unit Condo Association Policy Commercial Condo A Commercial Package Policy for the unit HO 6 for residential units Condo Association Policy Mixed Residential and Single Owner Commercial Condo Units 39

40 Insurance Community University www.InsuranceCommunityUniversity.com Condominiums: Relationships; Responsibility; Requirements; And Review of the Association CC & Rs 40

41 Insurance Community University www.InsuranceCommunityUniversity.com Relationships The Unit Owners ARE the association The association elects a board of directors that also forms sub- committees for certain projects In smaller associations, the association may directly hire an individual/individuals to handle business activities 41

42 Insurance Community University www.InsuranceCommunityUniversity.com Relationships Most associations outsource certain business activities OR hire a management company specifically to handle there condos OR the management company may handle many associations The management company may then outsource some of the business activities 42

43 Insurance Community University www.InsuranceCommunityUniversity.com Unit Unit Owner Handle Rental Hire Employees (PEO?) Shuttle Owned/Non Services Direct/Contract Association Common Unit Liability D & O May handle business operations Management Company Common Area 43

44 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #5 & #6 44

45 Insurance Community University www.InsuranceCommunityUniversity.com Relationships The importance in identifying “relationships” is to identify: – Responsibilities – To make certain that the correct insurance is written – To understand any contractual transfers OR assumptions – To make certain that all interested parties are “named” on the respective policies and afforded protection 45

46 Insurance Community University www.InsuranceCommunityUniversity.com Responsibility and Requirements The responsibility and requirements for the unit owner and association are provided in the Covenants, Conditions and Restrictions (CC & Rs) of the association. There are also laws that govern condominiums that further define issues such as ownership and requirements. 46

47 Insurance Community University www.InsuranceCommunityUniversity.com CC & Rs Covenants, Conditions and Restrictions (CC & R’s) are legal instruments created by associations to indicate rules; limitations; and responsibilities of individual unit owners. The CC & R’s are the governing documents of the association. 47

48 Insurance Community University www.InsuranceCommunityUniversity.com CC & Rs A condominium typically has bylaws, as well, which set forth the process of elections for the board and officers and duties of same including manner of voting. Sometimes this information is included in the CC & Rs, as well. 48

49 Insurance Community University www.InsuranceCommunityUniversity.com CC & Rs All purchasers of condominium units are provided with a copy of the CC & Rs. It is imperative that there is a thorough review of the CC & R’s prior to purchasing a unit. 49

50 Insurance Community University www.InsuranceCommunityUniversity.com CC & Rs Additionally, the CC & R’s must be reviewed by the agent/broker who issues both the condo association policy and the agent/broker issuing the unit owners policy. The CC & R’s provide essential information in terms of ownership interest and insurance requirements 50

51 Insurance Community University www.InsuranceCommunityUniversity.com CC & R’s and State Laws When writing association insurance, in particular, the broker/agent must be able to – Understand the CC & Rs and other association documents – Be aware of the specific laws in the state where the condo is located – Become an expert in the differences in the policies available to write the condo coverages 51

52 Insurance Community University www.InsuranceCommunityUniversity.com Individual State Acts, Statutes, Codes Most states have Condo Laws, acts, states and/or codes that apply specifically to that state. http://condolawyers.com/nationalaw.htm http://www.megalaw.com/top/condo.php NOTE: Not all links on these sites are active however they do give you the web addresses of the acts so you can access 52

53 Insurance Community University www.InsuranceCommunityUniversity.com Individual State Acts, Statutes, Codes Examples State Act Illinois PROPERTY (765 ILCS 605/) Condominium Property Act. Idaho CHAPTER 15 Condominium property act 55-1509.Grant -- physical boundaries of Units Site http://www.ilga.gov/legislat ion/ilcs/ilcs3.asp?ActID=220 0&ChapterID=62 http://www.ilga.gov/legislat ion/ilcs/ilcs3.asp?ActID=220 0&ChapterID=62 http://www.legislature.idah o.gov/idstat/Title55/T55CH 15SECT55-1509.htm http://www.legislature.idah o.gov/idstat/Title55/T55CH 15SECT55-1509.htm 53

54 Insurance Community University www.InsuranceCommunityUniversity.com Individual State Acts, Statutes, Codes State California – Davis Stirling Act Civil Code 1350=1378 (783) – Non Profit Mutual Benefit Corporations Code #7110 et sez Colorado – Colorado Common Interest Ownership Act CCIOA Site http://www.condo.com/Stat eLawDownloads/California. pdf http://www.condo.com/Stat eLawDownloads/California. pdf http://www.cohoalaw.com/ CCIOA%20- %202006%20annotated.pdf http://www.cohoalaw.com/ CCIOA%20- %202006%20annotated.pdf 54

55 Insurance Community University www.InsuranceCommunityUniversity.com Individual State Acts, Statutes, Codes Idaho – The physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed. 55

56 Insurance Community University www.InsuranceCommunityUniversity.com CC & R’s Key Areas of Review Typically CC & R’s will cite the applicable codes that apply based on law for the definitions in the document. Example in California they will cite 783 and 1350-1359 56

57 Insurance Community University www.InsuranceCommunityUniversity.com CC & R’s Key Areas of Review Definition of Common Area Definition of Limited Common Area Definition of Unit Assessments Insurance Requirements 57

58 Insurance Community University www.InsuranceCommunityUniversity.com CC & R’s Key Areas of Review The discussion of “common areas” in the CC & R’s defines property that the association unit owners own in common and have equal right of access and usage. Insured on the Association Policy 58

59 Insurance Community University www.InsuranceCommunityUniversity.com Examples of Common Areas/Elements StreetFountainsSwimming Pools WalksGolf CoursesTennis Courts GuardhousesRestaurantsGyms GatesClub HousesShops LandscapingMeeting RoomsSki Lockers Parking LotsOfficesReception Areas 59

60 Insurance Community University www.InsuranceCommunityUniversity.com Limited Common Elements This may be the area in the CC & R’s that the discussion of “ownership” of the “unit” is referenced indicating the insurable interest of both the unit owner and association. This is one of the most important sections for the unit owner to determine to what extent they should insure their additions and alterations and whether the association is assuming any responsibility to insure the interior additions. 60

61 Insurance Community University www.InsuranceCommunityUniversity.com Unit This also is a very important area for review as it clarifies the legal description of the unit. This definition indicates what the unit owner “owns” as their separate property and accordingly must insure on their unit owners policy. 61

62 Insurance Community University www.InsuranceCommunityUniversity.com Unit There are three broad categories of “units” which include Bare walls, simple condo, airspace All In All in Inclusive 62

63 Insurance Community University www.InsuranceCommunityUniversity.com 63 Condominium

64 Insurance Community University www.InsuranceCommunityUniversity.com Bare Walls The individual unit is often referred to as “airspace”. What the airspace concept means, in general terms, is that the unit owner owns as their sole and separate property everything structurally in the “unit-building” other than otherwise listed. 64

65 Insurance Community University www.InsuranceCommunityUniversity.com Bare Walls Most unit owners do NOT think they have to insure any structural parts of their units Unit owners typically believe that everything structural is insured on the association policy The association cannot insure anything that they are not responsible to insure. Unit owners are responsible in most cases to insure the interior structure of these units. 65

66 Insurance Community University www.InsuranceCommunityUniversity.com Bare Walls Unit owner insures all the additions and alternations as ORIGINALLY installed and any improvements Association does not insure anything on the interior unless defined like common elements Associations typically do NOT want to insure these items 66

67 Insurance Community University www.InsuranceCommunityUniversity.com Bare Walls Many escrow companies are now requirement that the unit owner insure for a minimum of 15% of the unit replacement cost for additions and alterations. 67

68 Insurance Community University www.InsuranceCommunityUniversity.com All In (Single Entity) In the single entity concept the association CC & Rs require that the additions and alterations of the individual unit “as originally installed” be insured on the association policy. Therefore the association policy would have a value of what the replacement cost would be for only the original build outs.. 68

69 Insurance Community University www.InsuranceCommunityUniversity.com All In (Single Entity) The problem with this is that “as originally installed” would be difficult to determine especially as units age and change ownership. New owners may be making improvements to the units as they remodel. The unit owner in this case would have to insure for the difference between the original installation cost and the improvements that are made. It may very well be that a new owner would not even know what the “original” installations may have been. 69

70 Insurance Community University www.InsuranceCommunityUniversity.com All In (Single Entity) Note: the CC & R’s must be reviewed to determine the responsibility the association has to replace building items in conformance with new building ordinances in effect. The association policy must be reviewed to determine if there is any Building Ordinance Coverage built in and if so if it is sub-limited in amount of insurance provided. Typically Building Ordinance Coverage is added by endorsement 70

71 Insurance Community University www.InsuranceCommunityUniversity.com All In Inclusive “All in Inclusive” is a term that refers to the language in the CC & R’s whereby the insurance requirement for the association is to insure for all of the additions and alterations whether as originally installed or as improved by the unit owner. The “all in inclusive” is what the unit owners believe is being covered by the association policy. 71

72 Insurance Community University www.InsuranceCommunityUniversity.com All In Inclusive The problem with this approach is that the association would have to be advised whenever a unit is improved and increase the coverage on their master policy. 72

73 Insurance Community University www.InsuranceCommunityUniversity.com All In Inclusive In addition, the policy would be disproportionate as relates the unit owners in that some owners may make substantial improvements while others do not. The premium is divided amount the unit as part of their maintenance fee and individuals would be paying for values that are inflated based on their risk. 73

74 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #7 74

75 Insurance Community University www.InsuranceCommunityUniversity.com From Condo Quiz Flash One of the unit owners at Big Sky has put in substantial improvements to their unit for a cost of $100,000. This includes a new kitchen; remodeling of three bathrooms; and new carpeting throughout. The unit owner has asked the association to add the value of these improvements to the association policy as they are permanently attached and “part of the structure”. What is the CORRECT answer as to how these improvements should be insured: 75

76 Insurance Community University www.InsuranceCommunityUniversity.com Insurance For the Condo Association 76

77 Insurance Community University www.InsuranceCommunityUniversity.com Association Policy Association Policy is a package policy including – Commercial Property – Commercial Liability – Directors and Officers Liability (often separate – Miscellaneous specialty “Condo” enhancement coverages 77

78 Insurance Community University www.InsuranceCommunityUniversity.com Management Company Policy Remember: The Management Company for the Condominium is typically where a lot of coverages will be written because they are responsible for the business end of the operation. The management company policy must be reviewed and depending on what the operation involve could include the following coverages 78

79 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #8 79

80 Insurance Community University www.InsuranceCommunityUniversity.com Management Company Policy Business Auto – If they own their own vehicles – If contracting then association should be named Workers Comp Crime Most Important is that the association is named on the policies 80

81 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Insurance MOST important is that the unit owners are named as insureds on the association policy 81

82 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Insures all common areas Insures units ONLY to the extent they are required. MANY association policies insure for more then legally responsible for and have NO insurable interest 82

83 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Include ALL buildings and structures blanket Make certain building includes otherwise excluded items such as foundations, pavements, walkways, etc Landscaping and Hardscape are significant issues and there are usually limitations on trees, etc. Golf Course properties to include greens Waterfront to include docks 83

84 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Replacement cost with either Extended or Guarantees (Margin Clause) No coinsurance (waive) 84

85 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Review definition of building as relates the “units” ISO Form has clarity 85

86 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building)CP 0017 (6)Any of the following types of property contained within a unit, regardless of ownership, if your Condominium Association Agreement requires you to insure it: (a)Fixtures, improvements and alterations that are a part of the building or structure; and (b)Appliances, such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping. 86

87 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Company A Typical language: – Business Real Property (Building) We cover the building at the location which includes completed additions and permanently installed fixtures, machinery and equipment Company A 87

88 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Company B Building and structures include: – Completed additions – Fixtures outside of individual units including building structures – Permanently installed machinery and equipment 88

89 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Company B Property Not Covered within the unit – Fixtures, improvements and alterations that are part of the building unit – Appliances such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping; and – Any other personal property owned by or in the care, custody or control of the unit owner. 89

90 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Association Unit Coverage Endorsement This is a buy back for property contained in residential units 90

91 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Building) Ordinance or Law Equipment Breakdown – Mechanical, Electrical, on and off Off Premises Special Form and appropriate enhancements – Flood, EQ, Sewers 91

92 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Property Insurance (Personal Property) Usually a lesser issue Review of common area personal property and values 92

93 Insurance Community University www.InsuranceCommunityUniversity.com Business Income Must determine what type of income the association is really earning: fees, rents?, other? Association Fees. Some policies specifically cover association fees: – We will pay for Association fees you have been unable, after reasonable effort, to collect from any unit owner(s) whose unit(s) has been rendered uninhabitable due to direct physical loss or damage caused by or resulting from any Covered Cause of loos 93

94 Insurance Community University www.InsuranceCommunityUniversity.com Business Income – We will only pay for loss of Association Fees that you sustain during the “period of restoration” and occurs within 12 consecutive months after the date of direct physical loss of damage If there is a property management company then they are receiving rental income from properties and they would be insuring the loss of rents 94

95 Insurance Community University www.InsuranceCommunityUniversity.com Condominium Liability Insurance key areas of review Normal CGL issues to include “normal” enhancements such as Personal Injury, Advertising Injury Fungi as a result of a covered cause of loss (typically sub-limited) Pollution?? Hired and Non-Owned EPL (may be included in management company policy as they are transactional) 95

96 Insurance Community University www.InsuranceCommunityUniversity.com The Claim—This could and did happen! 10 year old boy becomes very ill after swimming in the community pool. After being admitted for E-Coli bacterial infection, the boy developed Guillain- Barre Syndrome which is a disorder that occurs when the body’s immune system mistakenly attacks part of the nervous system which left him paralyzed. 96

97 Insurance Community University www.InsuranceCommunityUniversity.com The Claim—This could and did happen! Cause: fecal matter had been “deposited” in the pool and got stuck in the filtration system. Because the swimming pool cleaning company (not insured) did not put the correct amount of chlorine in the pool, the bacteria was not killed and multiplied rapidly in the warm water environment. 97

98 Insurance Community University www.InsuranceCommunityUniversity.com The Claim—This could and did happen! The claim (for $8,000,000 plus) was filed against the association policy and denied due to two exclusions: – the mold/fungus exclusion, which includes any microorganism or bacteria – the pollution exclusion contained in the liability policy. The insurance company denied both defense as well as damages. 98

99 Insurance Community University www.InsuranceCommunityUniversity.com Polling Question #9 99

100 Insurance Community University www.InsuranceCommunityUniversity.com Directors and Officers Liability Directors and Officers Liability is one of the most important coverages to provide for a Condominium Association. Directors and officers have a responsibility to the association to manage the association in their best interest. Directors and officers are fiduciaries and MAY be held personally liable for their actions or inaction. D & O’s have several layers of legal duties including: duty of care; duty of loyalty; duty of obedience and duty of disclosure. 100

101 Insurance Community University www.InsuranceCommunityUniversity.com Directors and Officers Liability Some considerations: –Verify “who the insured is” on the D & O Policy. The following are consideration –- Insured = Committee Members, Volunteers & Employees –- Association as an Entity –- Builder/Developer Representatives as Board Members –- Property Manager –- Property Management Company 101

102 Insurance Community University www.InsuranceCommunityUniversity.com Directors and Officers Liability Full Prior Acts Duty to Defend Pay on Behalf Coverage for Non-Monetary Damage Claims (injunctive & declaratory relief Definition of “wrongful acts” to include employment practices 102

103 Insurance Community University www.InsuranceCommunityUniversity.com Directors and Officers Liability Coverage for Alleged Breach of Contract Claims and Discrimination Claims Defense outside the limit NO libel, slander and defamation exclusion 103

104 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy 104

105 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy The CC & R’s will not only define the “unit” but will also typically require that the unit owners insure their units. The CC & R’s must be reviewed to determine: –The definition of unit –What coverages are required for each unit for property insurance in terms of perils and any other requirements 105

106 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy What coverages are required for each unit for liability insurance. Determine if the association is requiring that they be named on the unit owner’s policy Determine if the association is requiring a copy of the unit owners policy Determine if the association is requiring a notice of cancellation on the unit owners policy 106

107 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy The unit owner will purchase an HO 00 06 form which includes both property and liability Coverage A is for Additions and Alterations Coverage C is provided for the personal property Coverage D is for the Loss of Use 107

108 Insurance Community University www.InsuranceCommunityUniversity.com Condominium The individual Unit Owner is responsible for: –Their own personal property –That portion of the unit in which they have a sole interest –Additions or alterations within their unit (for which they have sole interest) –Loss of Use of the unit –Special condominium assessments 108

109 Insurance Community University www.InsuranceCommunityUniversity.com Important Coverage Consideration Additions and Alterations – Building Ordinance Personal Property Loss of Use to include rents Loss Assessment 109

110 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy Loss Assessment coverage is another very important coverage for a unit owner. There are normally two types of assessments that can be made by an association: general assessments and special assessments. –General Assessments are normal maintenance charges that are part of the association dues. –Then there are “special assessments”. In looking at assessments, the unit owner should determine the reserves of the association to determine if there are sufficient funds to pay normal costs of operation and normal improvements 110

111 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy From an insurance standpoint the concern is when the “special assessments” are made because of a covered insurance loss wherein the association policy may not have coverage; the coverage is inadequate in limits; or there is a large deductible. In these situations, individual unit owners would be assessed for the costs associated with these losses. Loss Assessment Coverage is typically provided in Unit Owners Policies for minimum limits of insurance. 111

112 Insurance Community University www.InsuranceCommunityUniversity.com Unit Owners Policy Earthquake Damage Loss Assessment is a separate endorsement Review how it responds to an EQ deductible on the Association Policy 112

113 Insurance Community University www.InsuranceCommunityUniversity.com 113

114 Insurance Community University www.InsuranceCommunityUniversity.com Upcoming Classes Upcoming University/Paid CE Classes FREE to University Members $50.00/charge for non university members 5/23Construction Liability 5/26Workers Compensation 6/6 and 6/7Ethics 114 Upcoming Community ClassesFREE to University Members $25.00/charge for non university members 5/16New CGL Additional Insured and Construction Contracts Join the University TODAY. www.insurancecommunitycenter.comwww.insurancecommunitycenter.com Click Join University at the top of the bar


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