Quote:
Originally Posted by porsche4life
Will insurance even pay? If they can prove that it was a known issue that the HOA failed to address, you can bet money their lawyers are going to put up a huge fight before they scratch any checks.
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that is the very thing you must prove as a plaintiff….that they knew or shoulda known there was a defect and still failed to cure….that’s negligence and it’s what liability insurance is for
it’s also a perfect res ipsa loquitur case….though no idea if that theory is recognized by florida tort law..probably is
the HOA has lost already
i think the real question here is, what were the policy limits…i can’t imagine the policy anticipated an event like this, with this many death claims but maybe it did