Insurance Dispute Lawyers Managing Property Claims for Condominium Owner Associations in Louisville
Reliable representation through the insurance dispute process in Kentucky
When the insurance company delays paying your claim, denies your claim, or behaves in a way that makes you wonder if they are going to uphold their contractual agreement with you, it can feel hopeless. At McWherter Scott Bobbitt, we are aware of how insurance companies often make it difficult for condominium associations to collect on their policies for covered claims. We offer aggressive representation in insurance disputes on behalf of policyholders in Louisville and throughout Kentucky.
What are some common types of condominium property insurance claims?
Depending on the nature of the incident, there may be damage to several units, damage to common areas, damage to the roof that might span individual units and common areas. At McWherter Scott Bobbitt, our insurance dispute attorneys handle all kinds of property damage claims in multi-dwelling structures, including those involving:
- Wind, rain and flood damage
- Fire, lightning strike, smoke damage
- Hail damage
- Roof damage from falling trees, hail storms, etc.
- Water damage from burst pipes, etc.
- Mold and mildew damage
Kentucky law for condominium insurance
The Kentucky statutes require condominium associations to have insurance. (KRS 381.9187) The law requires that the condo association have property insurance in an amount that is not less than 100% of the cash value of the property (after the deductible), and liability insurance in an amount determined by the board. The law requires that each unit owner is insured under the master policy with respect to liability arising out of his or her interest in the common elements or membership in the association. In cases where a unit owner has a home owner's insurance policy which would cover a risk, the association's insurance policy would provide primary insurance coverage.
What is involved in a Condominium Association claim?
There is often a lot of confusion when the time comes to file a property damage claim in a condominium. The Condominium Association, or Homeowners’ Association (HOA), insurance typically covers the common areas and building structure, including the roof, while the individual condo unit owner's insurance covers everything within the four walls of that unit (often referred to as a “walls in” policy). In the event of damage to the condominium property, there can be different theories about which policy would cover a loss. Kentucky law helps to dispel this confusion by asserting that the master condo policy will provide primary coverage.
Is the condominium insurance company acting in bad faith?
Not every claim denial constitutes bad faith. If you are dealing with problems from the insurance company when you have submitted a claim for a covered loss, you may request that the insurance company send a detailed letter explaining how and why the claim is invalid. If the insurance company is behaving in some of the following ways, it is time to consult a condominium insurance attorney to protect you:
- Failure to pay a claim
- Denial of a valid claim for covered property damage
- Lowball settlement offer
- Unreasonable delays
- Misrepresenting facts or policy provisions
- Compelling you to hire a lawyer and sue them to recover what is rightfully yours
- Depreciation of labor and/or materials based on Xactimate estimates
Aggressive representation for condominium insurance claim disputes
Insurance dispute cases are complicated. Therefore, it is essential that you work with an experienced insurance dispute attorney who has seen all the tactics that insurance companies employ in an effort to keep as many profits as they can. An insurance policy is a contract which is protected by law. It is our role to hold insurance companies to the promises they made in that contract. We hold them accountable and we make sure that our clients recover the proceeds of their policy that are due to them, along with any additional damages you might have suffered because of the insurance company's denial of your claim.
A skilled insurance dispute attorney from McWherter Scott Bobbitt is ready to take on the legal challenge and relieve the stress and worry that comes from not knowing how you will resolve the issue of a denied condominium claim.
Contact a lawyer for your condo property claim in Kentucky
Whether you own a condo unit or run a complex, your policy should reflect your needs – and your insurance company should be fair with you when you sustain a covered loss. At McWherter Scott Bobbitt, we represent residential and commercial policyholders in Louisville in disputes with their insurers. To schedule a consultation with Clint Scott (licensed in Kentucky), Brandon McWherter (not licensed in Kentucky), or Jonathan Bobbitt (not licensed in Kentucky), please call 731-664-1340, or fill out our contact form.