Barker Martin

Condo-HOA Blog - Coverage

Oregon Trailblazing

A large part of my practice is assisting associations and property owners with first party insurance claims. For those I haven't had a chance to work with, a first party insurance claim is a claim against an association or owner's own property insurance policy. These claims often involve significant property damage to properties that are past the statute of limitations to pursue the developer or contractors that built or converted the project. Washington has been ahead of the curve with respect to recovery on first party claims. Oregon, for reasons too lengthy to discuss here, has generally been unfavorable to first party claimants. read more

Protestors Are Such a Riot!

Regardless of your political persuasion or tolerance for political activism, it is evident that protests are becoming a routine experience around the country. Portland alone has had seven separate organized protests since January 19th. This number does not include spontaneous demonstrations or protests. The thing about protests is that the protestors rarely stop to ask whether your home, business, or auto agree with their particular cause. I hope that those reading this will avoid personal injury or property damage resulting from any protests. For those less fortunate, it might be reassuring to know whether your insurance will provide coverage. read more

Dealing With Ice is Anything But Neat

Those of us in the Northwest were recently hit with the first round of winter snowstorms. My children are avid weather watchers (in hopes of future school closures), so I understand that we are in store for several more storms in the coming months. Winter snow and ice inevitably result in a host of insurance claims. Some of these are relatively predictable. Think auto accidents and trees falling. Fortunately, many of these weather related claims are covered under standard home and auto policies. Snow and ice also bring the risk of a claim that most of us are unprepared for, flood. read more

When Cooperation Becomes Evisceration

Most insurance policies contain some form of "cooperation" provision. These provisions exist in both first-party insurance policies (e.g. property policies) and third-party policies (liability policies). When an insured files a first-party claim or tenders a third-party liability claim to its insurance company, the insurance company will often ask for the insured to "cooperate." Generally speaking, the insured must acquiesce to the reasonable requests for cooperation from the insurance company. That being said, there are situations where the insured should tread lightly. read more

Were the Whos in Whoville Covered for the Grinch's Theft?

Every year around this time, my family inevitably settles in to watch an all time Christmas classic: How the Grinch Stole Christmas! Of course, the thought of waking up on Christmas morning to find all of your presents stolen (not to mention the roast beast and the last can of Who-hash), would be sad indeed. But, imagine how sad the Whos would be if their homeowners insurance claims were later denied or severely limited? read more

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