COLORADO: Insurance Claim & Deductible Assessment Policies for CCIOA Communities
One of the biggest challenges facing homeowners' associations today is the affordability of property insurance. There are three main problems: The price of insurance (the insurance premium) has increased dramatically ...
RECENT ARTICLES
Federal Trade Commission Proposes New Regulation Regarding Noncompete Agreements
The FTC has proposed a new regulation that would ban the use of noncompete agreements in employment. Read it here. ...
Understanding Owners’ Rights to Access Association Records in Colorado
It is an issue that every community association faces: homeowner requests for association documents. But what are homeowners entitled to ...
WIN: Insurance Company Must Pay for Depreciation after Litigation Delays
SJJ attorneys Tim Johnson and Brad Hammond recently won a decision in the Minnesota Federal District Court requiring that an ...
Be Prepared: Tax Preparation & Filing
Tax filing deadlines (April 15 for individuals, partnerships, and LLCs; March 15 for S-corporations) are rapidly approaching. With 2022’s financials ...
Ross Hussey Scores Another Trial Win
Ross Hussey recently secured an award after a two-day trial in McCloud County District Court of approximately $230,000 on behalf ...
Colorado Policyholders: A Claim for Unreasonable Delay or Denial of Benefits is a Fight Worth Having
During the course of an insurance company’s adjustment of a claim, policyholders tend to deal only with the insurance adjuster ...
Colorado House Bill 1290: Eroding the Failure to Cooperate Defense
2020 has been a bit of a roller coaster, to say the least. Governor Polis and the Colorado legislature have certainly had their hands full dealing with the pandemic, but nonetheless, they found time to protect policyholders in Colorado by preventing Insurance Carriers from engaging in revisionist history and asserting the failure to cooperate provision as a basis to avoid paying benefits owed under an insurance policy.
SJJ Assists in Major Bad Faith Victory for Policyholders at Minnesota Supreme Court
The Minnesota Supreme Court recently reconsidered the application of Minnesota’s “bad faith” insurance statute. At issue was whether an insurance company has denied a claim in bad faith if it has any conceivable basis to deny the claim at all, or whether a denial must be consistent with what a reasonable insurance company would do with similar facts. SJJ attorneys…
Covid-19 & Insurance Appraisals
Summertime means insurance appraisals are in full swing in Minnesota. Like many things, the Covid-19 pandemic has caused additional and unexpected issues as individuals wrestle with social distancing and other safety issues.
SJJ ATTORNEY BRAD HAMMOND BRINGS HOME A TRIAL WIN
In a very aggressive move, Auto-Owners Insurance sued its own policyholder in an attempt to avoid making payment on an appraisal award. When the claim began, Auto-Owners found wind damage to the policyholders’ commercial buildings in Wisconsin. Then it hired an “expert” who said that the wind damage was man-made and denied the claim. When the policyholders invoked appraisal to…
When do I get an attorney involved in my insurance claim?
Most homeowners have little to no experience with property insurance claims. Many of us haven’t experienced accidental damage to or loss of our property because catastrophic events like house fires or wind and hailstorms don’t happen very often. And even when they do, many people avoid making insurance claims out of concerns about how that will affect their insurance premium…
SJJ Prevails again at the Minnesota Supreme Court!
In Oliver v. State Farm Fire and Cas. Ins. Co., a case recently decided by the Minnesota Supreme Court, SJJ attorneys Alex Jadin and Tim Johnson brought home another big win for insurance policyholders. In the Oliver case, an insurance company (State Farm Fire and Casualty Insurance Company) sought to avoid its obligation to pay interest rightfully owed to a…
Should HOAS require background checks for renters?
Background checks have long been used as a way for owners wishing to lease their units to determine who may rent their property. However, this practice has recently come under fire, as rejecting tenants on the basis of their criminal history may violate state and federal discrimination laws. With that in mind, how should homeowners associations handle background checks for…
Court of appeals upholds material matching exclusion in Minnesota policy
In an opinion issued today by the Minnesota Court of Appeals, it upheld an insurance company’s exclusion against repairing a policyholder’s hail-damaged property with reasonably matching materials in Pleasure Creek vs. American Family. The Court relied heavily on the recent decision from the Federal 8th Circuit in Noonan v. American Family that upheld a similar exclusion. In relevant part, the…
Common Homeowner Association Mistakes to Avoid
There is more to a homeowner association than meets the eye. There’s a lot going on behind the scenes, with these associations dealing with regular challenges and potential pitfalls that can cost them money and anger residents. Knowledge of the most common homeowner association mistakes makes it easier to avoid trouble. Here are five mistakes that come up time after…
What May Homeowners Associations Regulate?
Running a successful homeowners’ association is a difficult task. Each resident within a community has their preferences for how they decorate and maintain their home, and there always seems to be one or two owners who simply do not want to operate inside the HOA guidelines. In many cases, some owners will find conflict wherever they go, regardless of how…
What’s the Right Insurance Policy for my Homeowners Association
Insurance is generally the largest budgeted expense for most homeowners associations (HOAs). But not every insurance policy is the same. So how do HOAs know whether the insurance policy they’ve purchased meets their needs? These are just some of the things HOAs need to be consider when they’re deciding which insurance policy to purchase. What is the Policy Deductible? Every…
Home ownership grows for community associations
In the United States, community associations represent the fastest-growing form of home ownership. These organizations include townhome associations, condominium associations and cooperatives. According to a 2010 estimate from the Community Associations Institute, there were 62 million Americans living in community associations. That’s about 25 million homes. There are law firms that serve the legal needs of these associations, including their…