Condo Owners Lose Bid to Collect under Association's Flood Policy

MIAMI - Condominium residents who suffered mold damage from a burst water pipe in an adjoining unit are not entitled to coverage under their condo association's flood insurance policy, a federal judge has ruled. Hernandez-Rodriguez v. A1 Sun Protection Inc., No. 09-23057 (S.D. Fla.).

Judge Cecilia M. Altonaga of the U.S. District Court for the Southern District of Florida ruled on March 17 that Ania C. Hernandez-Rodriguez and Doris Martinez are not third-party beneficiaries under the policy, and even if they were their loss was not caused by a flood as defined under the policy.

Hernandez-Rodriguez and Martinez complained that …