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Then they were/are grossly underinsured .
https://news.yahoo.com/simply-not-enough-surfside-condo-155823070.html |
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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In 2019, five of seven Board members quit.
https://www.businessinsider.com/florida-condo-collapse-most-board-members-resigned-2019-repairs-report-2021-7 Most of the collapsed Florida condo board members resigned in 2019 amid disputes about the cost of repairs that never went ahead |
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Early days, but I wouldn’t bet against that possibility. |
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^^^ there is a video from the Miami Herald showing a computer model of that very scenario. It shows that when the parking level/pool patio area collapsed, it then triggered the middle of the building to collapse and then that other section, now exposed, couldn't stand on it's own and came down as well.
Now it appears that the remaining standing structure is showing signs that it too may fall. If they have to bring the remaining structure down, will it still be possible to determine what caused the collapse or will it all be guesswork and speculation from here on out and no answers??? Sent from my SM-N950U using Tapatalk |
They will be sending in the remote cameras for sure.
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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 |
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if your drunk and you drive into a minivan and kill an entire family, you think your insurance company is going to wiggle out of it because you could have avoided the crash by not driving drunk? nope plaintiff still has to prove negligence but an insurance co doesn’t get to just walk away because the facts look bad…..this defeats the public policy of insurance |
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Given how ummm, “frugal” the condo owners were with critical repairs, I’m going to guess the association is very underinsured. To keep the premiums down as much as possible.
As far as coverage, of course insurance covers negligence, that’s the whole purpose of it. However, very often gross negligence (of course along with intentional misconduct etc) is not covered. That’s usually tough to show, and here it appears the association was in the process of getting bids, putting a big assessment in place, etc. So they were taking steps, it was just a little too late. |
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Sent from my SM-N950U using Tapatalk |
https://youtu.be/BoV_GRR931k
Hope it works. This should be the video from the Miami Herald that I was talking about. Sent from my SM-N950U using Tapatalk |
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I **** you not, that is a quote. The answer, of course, 'Yourself' |
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