Condominium Property Claims

Experienced Counsel for Tennessee Condominium Property Claims

Navigating the complexity of condominium property insurance claims in and around Nashville, Chattanooga, Memphis and Jackson

Condominium damage claims cover two classes of claims. One class covers damage to common areas such as the roofs, exterior structure components of buildings, hallways, the parking lot, a swimming pool, or the building office. Another class covers damage to the individual units. Different documents and different insurance policies can cover the different types of claims. By-laws may determine the rights of claimants. Many claims vary depending on how the condominium complex was actually built. The Homeowners Association may have the right to payment, or the individual owner may have the right. Damage to one condo can affect many lives.

The Tennessee condominium property lawyers at Gilbert McWherter Scott Bobbitt PLC have the experience to guide both homeowner associations and individual unit owners through the complicated claims process. Our lawyers have broad experience with condominium claims in Nashville, Chattanooga, Memphis, Jackson, and across Tennessee. In just one example, we handled numerous condominium claims against QBE Insurance Company and Community Association Underwriters for damage to condominium complexes due to wind loss – resulting in settlement offers significantly higher than the initial offers. Final settlements in two of the cases were 340% and 592% more than the original offers.

Common condominium insurance damage issues

Our lawyers have the experience to get prompt but just resolution of your insurance claims. We appreciate that insurance proceeds can never fully compensate for time lost and for your loss of treasured possessions. Some of the key issues in condominium claim cases the Gilbert Firm handles include:

  • Causation.  After a windstorm, the roof leaks.  The insurance company claims the leak was caused by a lack of maintenance and “wear and tear,” but the roof never leaked before.  This is just one example of how insurance companies often try to deny valid insurance claims.  We assist condominium associations fight causation battles by engaging appropriate experts and properly submitting the claim to overcome these roadblocks to coverage.
  • Who actually has the right to bring the claim? The homeowners’ association, the unit owners in combination, the owners individually, or some other legal entity.
  • What items are part of the common area or common control claim? Common area damage can include:
    • Damage to the complex foundation
    • Roof damage
    • Infrastructure damage to the walls and interiors
    • Water damage
    • Electrical, plumbing, and other utility damage
    • Common hallway harm
    • Damage to swimming pools, tennis courts, community rooms, and other amenities offered to all condominium owners
    • Damage to landscaping
  • What items are unique to the individual homeowner? Typically, this includes damage to moveable items such as furniture, clothing, jewelry, appliances, entertainment systems, computers, smartphones, personal treasures, and more. It may also include carpets and other “finish out” items inside the individual units.
  • How did the damage occur? Most condominium polices should cover damage by fire, heat, wind, hail, smoke, etc. Our Tennessee condominium insurance attorneys fight to show that exclusions or limitations do not apply.
  • What is the value of the items? As with other insurance claims, value is often contested. Our firm works with condominium construction experts and contractors to determine the cost to rebuild and repair units. We also work with appraisers to determine the value of damaged property. Replacement cost vs. actual cash value can also be an issue.

As with other insurance contests, we bring bad faith actions when insurance companies purposely fail to honor their contract obligations.

Tennessee attorneys forcing insurance companies to honor the complete terms of their condominium protection policies

The Gilbert Firm fights for condominium unit owners and homeowners associations covered by an insurance policy. We help residents of Nashville, Chattanooga, Memphis, Jackson, and across Tennessee get prompt payment for their claims. When you pay your premiums, you deserve to have the insurance company uphold their end of the bargain. To review your case with an experienced Tennessee condominium insurance lawyer, please call 888.354.FIRM (3476) or complete our contact form.

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Gilbert McWherter Scott Bobbitt PLC and its attorneys do not maintain a bona fide office in the state of Kentucky, and do not maintain a bona fide office within the area code listed. Bona fide offices are located in Jackson and Franklin, TN.
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