AboutJay K. Williams, AAI, AIP, CIC, CRM Expertise I can answer questions relating to the following coverages: personal auto; homeowners; commercial auto; commercial liability; commercial property; business income and all other property and casualty coverages.
Experience I have been in the insurance industry in Florida since 1979. I am currently the president of a Florida domestic insurance company subsidiary. I've taught continuing education classes in Florida and across the country. I am quite familiar with all coverages including Florida Condominium master policies and unit owner policies. I also specialize in agent professional liability. I have been a professional educator since 2001.
Organizations I am a member of the Florida Associaion of Insurance Agents, the state affiliate of the Independent Insurance Agents and Brokers of America.
Education/Credentials I currently carry the following professional designations:
Accredited Advisor in Insurance (AAI)
Associate in Insurance Production (AIP)
Certified Insurance Counselor (CIC)
Certified Risk Manager (CRM)
Question I have a condo in Lake Worth Florida. I am on the ground floor and the unit on the fifth floor had a hose let go. My damages according to the insurance company are in excess of $25,000.00 as a result of this flood. However they excluded the cost to remove and replace the drywall stating that it was the condo associations responsibility (HO-6 policy). I have brought this to the attention of the association and they refuse to pay. I beleive the insurance company is correct as I have read your responses to similiar situations ! My question is : What is my next step with the Condo Association since they refuse to pay ? The estimate from my contractor is $4275.00 and the associations deductible is $5000.00 taking their insurance carrier out of the equation. Do I sue them ? Do I take them to small claims Court or is there a Property and Casualty board or court? Or should I just hire an attorney who can deal with this? I also asked the condo Association to permit me to talk with the Associations' Attorney to attemp to negotiate a settlement and they refused this also. Thanks.Chris
Answer Chris,
I apologize for the delay in responding. I am currently on the road so I'm responding from my PDA.
Unfortunately, the association cannot refuse to pay. They are obligated under the law to pay for the damage to the common elements.
I recommend you contact the Division of Land Sales, Condominiums, and Mobile Homes which is under the Florida Department of Business and Professional Regulation. You can file a complaint with the Division and they should step in to help you. Also, since you, as a unit owner, are an insured under the master policy, could all the association's insurance agent and notify them of the claim. By failing to notify the insurer, the board is technically violating the conditions of the policy.
Please let me know if you have any additional questions.
