Property & Casualty Insurance/Leaking shower pan

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Question
Hi - I found your conversation with another homeowner concerning a leaking showerpan during my google search.  I have read FL Statute 718.111 and more specifically 718.11(11)(b) concerning an Associations insurance responsibility.  I own a 5th floor condo built in 1980; the shower pan was leaking and caused water damage to the ceiling in the unit below to include mold. I had an appointment with a licensed, insured general contractor that informed me that the original construction of the shower pan showed there was no shower pan liner but rather a sort of tarpaper with a concrete overlay.  While my real concern is to remedy the downstairs unit of the damaged drywall and mold (of which I believe the Statute is very clear on the drywall issue, but not so much on the mold) but I am wondering if the showerpan wouldn't fit under that same category of "property was initially installed, or replacements thereof of like kind..."? I do not have insurance on this condominium unit so thats not an option and if I may ask that you spare me the "you knew you should have insurance" conversation, that would be greatly appreciated :#
I have also taken the attorneys information you had provided #Becker & Poliakoff) and would like to thank you for the resource and certainly, your time and expertise on this matter.

Answer
Hi Stefanie!

No worries...I am not a "scolder" so you won't get the "you should've" words from me. The way I see it, you chose to self-insure.

Certainly it could be argued that the shower pan is a building item. I could probably argue successfully that the association is responsible. However, it could also be argued that the shower pan is a floor covering just like the tile that sits over it. At the end of the day, when there is insurance coverage, the two adjusters can make a decision and pay the claim.

As far as the damage is concerned, the mold, just like the water damage, is the responsibility of the association. All of the damage, including the resulting mold, is an insurable loss and therefore is subject to the Statute.

The association's insurance company needs to give you an answer to the question of the shower pan. If they deny coverage, they will cite policy language that relates to the denial.

I hope that helps a little. Please let me know if you have more questions.  

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Jay 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)

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