What does this all mean?
Illinois law encourages residential property owners to remove snow and ice from their property by providing immunity from injury claims arising solely out of alleged poor snow removal efforts. For those communities that may still think it’s better to not remove snow from its common areas, before making that decision, the community instruments should be consulted as they may mandate the association engage in snow removal efforts. While there is immunity from liability from poorly-performed snow removal, there is no immunity available when another condition existing on the property causes the injury. Associations must be sure that its property is being properly maintained and address all known deficiencies prior to the winter months. If an association is unable to cure a known defect prior to the arrival of snow, it must be sure its snow removal efforts do not exacerbate the condition. With the adoption of the Snow Removal Service Liability Limitation Act, associations are no longer able to shift the risk related to snow removal efforts to its contractor. Indemnity provisions included in snow removal contracts entered into after August 25, 2016 are void.
Lastly, and probably most importantly, this discussion again underscores the importance of maintaining proper insurance. Personal injury claims arising out of slip-and- falls are likely to be covered by an association’s general commercial liability policy. If a claim or demand relating to a slip-and-fall on association common property is received, an association should not attempt to determine whether it’s entitled to immunity under Illinois law or if there is any merit to the claim. That’s the insurance carrier’s job. Let insurance work for the association. Immediately notify the carrier of the claim or demand and cooperate with the carrier’s investigation into the alleged injuries. The failure of a board to timely notify its carrier of a claim or to cooperate with the carrier’s investigation into a claim could result in a coverage denial. A denial of coverage as a result of an association not timely notifying its carrier of a claim or its failure to cooperate with the carrier’s investigation of a claim could mean the association will not reap the benefits of its own insurance coverage and arguably exposes the board of directors to a claim of breach of fiduciary obligation. There is frankly no reason for this to occur. Simply promptly notify the carrier of the claim, cooperate in its investigation, and before you know it, the difficulties of winter will be behind us and Opening Day will signal the beginning of spring.
14 | COMMON INTEREST®
platinumpoolcare.com
FOLLOW THE POOL CARE LEADER
platinum-poolcare
300 east industrial lane, wheeling, illinois 60090
John Gitzinger - Commercial Service Director
johng@platinumpoolcare.com
Join us at: A Publication of CAI-Illinois Chapter
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