Condo & HOA Law

You Must Put the Insurance Carrier “On Notice” to Pursue a Claim.

Q:    After Hurricane Irma, we made an insurance claim with the Association’s insurance carrier for damage to our condominium roofs and other damages. The insurance company valued the claim at below our deductible, so we received no money. The estimates we have now received from contractors value the damage higher than our deductible. What can we do?


A.    You can still pursue the claim to attempt to obtain insurance proceeds, however, you should put the insurance carrier on notice of your intention as soon as possible but no less than 3 years after Hurricane Irma first made landfall or the windstorm caused damage to the property.  As long as you have put the insurance carrier on notice that you intend to pursue your claim, you have 5 years from the date of the loss to sue the insurance carrier if they will not pay.  So, you still have time, but you should not wait. We recommend you discuss this with your Association’s legal counsel and consider hiring an attorney to place the insurance carrier on notice of your intention to pursue the claim and otherwise advocate on your behalf.


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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to:  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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