HOA Loses Lawsuit over D&O Coverage
Here is another example of the need for HOAs to carefully select their D&O policy. A California community association lost its lawsuit against State Farm after State Farm refused to cover a lawsuit against the HOA under the D&O policy because the plaintiffs had not claimed compensatory damages. You might think you have D&O coverage to cover lawsuits against board members and the association, but if the D&O policy does not cover non-monetary claims or limits the type of claims or remedies sought, you may not have any defense. Every community association should check with its agent to make sure the board members understand the scope of coverage for their D&O policy.