Published in the Central Florida Community Association Institute Newsletter
In an article published on September 30 in the Community Association Institute, Ball Janik LLP Partner Kelly Corcoran and Associate Kyle Bugden provide best practices for neighborhood associations navigating hurricane season, including property damage, financial loss, and insurance claims.
The groundwork that community associations prepare before a hurricane strikes help to validate some post-hurricane documentation. Community associations must conduct a thorough assessment and prepare in advance to receive effective insurance claims. This involves taking snapshots of housing conditions before the hurricane and maintaining detailed records of repairs and inspections.
The authors note that post-hurricane “[f]ootage should clearly show the scope of damage, close-up shots, and context images that present the overall scene.” However, even with significant documentation, there are instances where a resolution cannot be reached.
Corcoran and Bugden further emphasize the importance of legal recourse, saying, “Attorneys who specialize in insurance disputes can help interpret complex policy language that may be used against the association. They will also help negotiate effectively with insurers by leveraging knowledge of case law and state-specific regulations. Sometimes it is necessary to file a lawsuit if the insurer continues to withhold fair compensation. Though most claims settle without litigation, legal support ensures that the association does not surrender its rights or settle for less than what the community needs to rebuild.”
Read the story in full, click here (advance to page 44).