Coop, Condo, and HOA boards and their management should pay close attention to insurance coverage when faced with lawsuits. It’s not always a guarantee that insurance will cover all damages. A recent case ( E. S. et al – v. – Windsor Owners Corp. et al; NY Sup Ct, NY Co., Index No. 159133/2017) found a coop liable for lead poisoning in an infant resident, and the case is now entering the damage phase. This is a stark reminder that having general counsel advise on legal matters early on can make all the difference. Don’t wait until it’s too late. Here is a link to the court decision (https://www.nycourts.gov/reporter/pdfs/2022/2022_34688.pdf) which was just upheld on appeal.
