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Condo | HOA Lawyers

Subrogation

Insurance Subrogation – Not Against A Condominium Tenant

Summary An insurance company can’t sue a condominium tenant in subrogation, even if they were negligent in starting a fire. The Facts The Declaration required the association to “obtain and maintain a … policy of all risk property insurance” for the association.  The Declaration also required the policy to name as insureds the unit owners […]

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Association Construction Contracts – What are Risks of that Waiver of Subrogation Term

Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.:  Pelican Beach Condominium (“Association”) needed a new roof. The Board, after

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