Personal Injury Attorneys | Many community associations in South Florida attract owners and renters with the use of a shared pool. However, those who pursue litigation against homeowners in these communities due to injuries or deaths arising from pool use could find it difficult to collect compensation from the association’s insurer unless a strong case is presented indicating individual ownership interest, per a recent Florida appellate court ruling.
This does not mean the wronged parties aren’t entitled to damages. Consulting with an experienced personal injury attorneys will be critical to protecting your rights.
In the recent case of Southern Owners Insurance Co. v. Cooperativa De Seguros Multiples, etc., et al., Florida’s Fifth District Court of Appeal reversed an earlier judgment holding an insurer responsible to extend coverage in a wrongful death lawsuit against an individual community association homeowner.
According to court records, the case began with the tragic drowning death of a 7-year-old boy who was in the care of a homeowner in a condominium association. At the time of his death, the boy was in the association’s shared community swimming pool.
The boy’s mother filed a lawsuit alleging the homeowner negligently supervised the boy, resulting in death. She further asserted that the condominium association, which owned and operated the pool, had a duty to operate the swimming pool in a manner that was reasonably safe. The mother asserted the association breached that duty in a number of ways, which also served as a proximate cause of the boy’s death.
The homeowner was insured by a homeowner’s insurance firm based in Puerto Rico. The association, meanwhile, was insured by two policies issued by a single firm based in the U.S. The two policies were a comprehensive general liability policy, and an umbrella policy. -Injury lawyer Florida
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