Audubon Hill South Condominium Ass'n v. Community Ass'n Underwriters of America, Inc.

These cross appeals present a dispute over insurance coverage. Audubon Hill South Condominium Association (Audubon or association) sued its insurer, Community Association Underwriters of America, Inc. (CAU), to establish coverage of damage to one of its units from the subsidence or tilt of a foundational slab. At the conclusion of discovery, each party moved for summary judgment. Audubon insisted that the computation of the amount of loss by a statutorily mandated1 panel of referees resolved not only the value of the loss, but also the question of its coverage. CAU contended that the…