Coverage Action Filed on Behalf of Home Owners Association

Posted on August 19, 2010 by Mark Nation

My client, a home owners association (HOA), was sued by one of the home owners in its community.  The HOA submitted the claim to its errors and omissions insurance carrier.  The E & O Carrier denied the claim and refused to defend.  I filed a declaratory judgment action which resulted in the insurance company agreeing to defend the claim. 

Unfortunately, the case went to trial and the HOA lost.  As a result, the HOA owed a sizable judgment, and the other side's attorneys fees and costs.  The HOA's attorneys also incurred significant litigation costs at trial.  To add insult to injury the E & O insurance carrier has refused to pay the judgment, or the other side's attorneys fees and costs.  The carrier has also refused to pay the outstanding litigation costs incurred by the HOA at trial. 

This week, I filed another lawsuit against the same E & O carrier seeking payment of the above expenses. 

As will almost all of my insurance cases, I take no fees and costs from my client.  If I win, the insurance company must pay my fees and costs, and if I lose, I'll work for free. 

Tags: , , , ,

Coverage Granted to Landscape Architect

Posted on July 1, 2010 by Mark Nation

My client is a landscape architect who was hired to design a "false bridge."  Unfortunately, the retaining wall supporting the false bridge failed.  The housing developer which owns the bridge sued the landscape architect alleging negligence. 

My client submitted the claim to his liability carrier.  The insurance carrier sent a letter stating that it was denying the claim because landscape architects are not authorized to design bridges. 

A "false bridge" is not an actual bridge.  It is simply a road over land with ponds or a water retention on either side.  Although the false bridge looks like a bridge, it is not. 

After demonstrating the differences between a false bridge and a bridge, and showing the insurance company the applicable statutes and regulations which govern the activities of landscape architects, the insurer agreed to withdraw its coverage defense and provide a full defense and indemnification of the claim. 

Tags: ,