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Questions about Property Insurance Law

There are many types of property insurance such as commercial property insurance, homeowner insurance and rental property insurance and there are many different laws regarding the different types of property insurance. Lack of understanding of property insurance laws can often lead to questions like the ones answered below.

HOA is requesting a list and proof of my personal property insurance. Is this legal?

If your HOA by-laws require a list and proof of homeowner’s personal property, then it is legal. They are likely protecting themselves from future claims if there is a fire and the HOA is accused of being negligent somehow. They want to protect themselves from a lawsuit if someone loses all of their valuables in a fire.

I own a condo in Florida and last summer my air-conditioning unit was stolen off the roof. The COA is say that they are not responsible for the cost in replacing the a/c unit. They have property insurance as do I. Who is responsible for the cost?

Under Florida statutes, the association is normally responsible. The specific statute is found at Sec. 718.111(11)(j), which states as follows:

“(j) Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged shall be reconstructed, repaired, or replaced as necessary by the association as a common expense. All property insurance deductibles, uninsured losses, and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium.”

My spouse added me to property insurance policies without my permission and I am not even on the deed to any of the properties. Is this legal and does this make me liable for any claims?

If the properties were acquired during the marriage then they are typically marital properties and you would have interest in them no matter whose name the deed was under. With that being said it would be a good idea to have your name on the insurance policies. There really isn’t a downside to having your name on the policies. If someone sues you, then the insurance company would need to defend you as well as your husband.

Can property insurance claim be suspended due to expiration of Ohio Franchise Tax?

Property insurance claim is separate from your payment of taxes. You can file the franchise tax late and then get reinstated. Your insurance company may try to deny coverage but in the end they would not prevail if you choose to file a claim against them.

I have been charged forced property insurance by my mortgage company. My homeowners insurance company has verified that I have never missed or been lapsed on any payments. What recourse do I have in getting the money back for the forced property insurance?

If your homeowners insurance was indeed in effect and with no lapse in coverage then your mortgage company has liability here for misuse of your money. You do have grounds to pursue a civil claim and recoup the money that was taken from your extra principal payments.

Having the right information and understanding of property insurance laws can help when dealing with questions regarding property insurance. However, the laws can change from state to state and the different types of property insurance. Your individual circumstances can also have an impact on your legal standing. To be able to take legally informed decisions, you can ask an Expert for answers to questions about your property insurance policies or forced property insurance.
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