Condominium's Agent Owes No Duty to Injured Apartment Owner

Exterior elevation of high rise building

Flores alleged that the fire was caused by Village Gardens' "improper construction, use of poor construction materials and negligent maintenance of the property."

August 28, 2023
Tred R. Eyerly - Insurance Law Hawaii

The court granted the agent's motion to dismiss claims asserted by a condominium owner's claim for injuries due to a fire in his unit. Great Am. Allliance Ins. Co. v. Village Gardens Homeowners Association, 2023 U.S. Dist. LEXIS 102900 (C.D. Calif. June 12, 2023).

Village Gardens' agent, Roy Palacios Insurance Company, obtained umbrella and excess policies from Great American for apartment buildings located on the property. In obtaining the policies, Village Gardens represented to Great American through Palacios that the property's roof, HVAC, plumbing and electrical systems had been updated.

On Febaruary 16, 2019, the apartment in which Vicencio Flores resided caught fire, causing him to suffer severe burns. Flores alleged that the fire was caused by Village Gardens' "improper construction, use of poor construction materials and negligent maintenance of the property."

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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