
Mountain townhome community in Edwards, Eagle County.
A 32-unit ski-in/ski-out attached townhome community built 2003, with a three-member volunteer board operating under part-time management. The community maintains a private road, a snow-removal contract, a shared hot-tub pavilion, and propane line easements. A skier crossing the association's private snow path slipped on an ice patch where a downspout had been discharging onto the path all winter, sustaining a femur fracture and requiring life-flight evacuation. Homeowner emails documenting the downspout discharge dated back two seasons.
Read the declaration's common-area maintenance allocation, the snow-removal contract terms, and the existing master policy together. Identified that the homeowner emails created a documented-notice period and that the snow-removal contractor's policy needed verification as additional insured. Reviewed the master policy GL section, the D&O endorsement's wrongful-acts definition for board-decision claims tied to deferred-maintenance patterns, and the post-2022 covenant-enforcement reform compliance posture. Sourced a renewal program with documented downspout remediation and updated snow-removal contract terms.
The master policy general liability section responded to the bodily-injury claim with full defense and indemnity. The snow-removal contractor's policy was tendered as additional insured and contributed to the resolution. The D&O endorsement received notice on the parallel allegation that the board's pattern of deferred maintenance constituted a wrongful act; defense ran outside the indemnity limit. Multiple-policy coordination created significant deductible exposure across the program. The carrier conditioned renewal on documented remediation of the downspout and updated additional-insured certification on every snow-removal contract going forward.













