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Volume 114

JUNE 2016

If you don't pay, you can't play!

A fire damaged the Mead's condominium on December 4, 2012. Unfortunately, their condominium unit-owners policy renewed on September 8, 2012, but they had not paid the renewal premium so on October 28, 2012, the policy had been cancelled by Travelers for nonpayment. The Mead's filed a claim with Travelers and Travelers sent out an adjuster who denied coverage due to the cancellation.

The Mead's argued that Traveler's actions estopped it from denying coverage. Their first argument was that Travelers had cancelled without sending a five-day notice of cancellation. However, Travelers had mailed out the cancellation due to nonpayment notice. In response to it twice the Meads had attempted to make late payments over the phone, but their bank had refused to process the payment. The Meads also argued that Travelers sending out an adjuster prevented them from denying coverage.

Click here to see if the courts agreed that coverage was in effect on December 4.

 

Notices of cancellation

Every policy is issued with a condition explaining how and when a policy is cancelled. The insurance company is permitted to cancel coverage only if it meets at least the minimum requirements of notice. While this condition may be altered by state specific amendatory and cancellation endorsements, the policy condition is a standard to use in evaluating others.

Click here to view the PF&M analysis of the ISO Homeowners Cancellation Condition

 

Condominiums are different

Condominium ownership is a mash-up between an apartment and a private residence. The unit-owner is responsible to insure certain parts while the association is responsible to insure others. Who is responsible for what is explained within the condominium association by-laws. Insuring a condominium unit-owner therefore requires reading the by-laws and comparing its requirements with the insurance coverage. The limits of insurance needed can vary significantly based on the by-laws.

Click here for an article describing the unique design of the condominium unit-owner's coverage.

 

Starting a conversation

A client may purchase a condominium unit and not realize that the insurance obligations are unique. Your professional staff may not even realize that a client is part of a condominium association because the unit's address may suggest that it is a stand-alone residence. Common errors are to insure such a client with an HO 00 03, HO 00 04 or HO 00 05.

Click here to review an e-marketing article that you could add to your newsletter or to your website.