Alishahi InsuranceIndependent Insurance Broker
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Who insures it · 4 named markets · read 2026-10-28

Who insures HOAs with litigation?

HOAs with litigation is a risk most standard carriers decline on sight. The markets below say in their own published appetite or program pages that they write it; each line links to that page with the date it was read.

4 markets publicly write HOAs with litigation: McGowan Program Administrators, Ian H. Graham, Community Association Underwriters (CAU), USLI. 3 program administrators, 1 admitted carrier. 1 on admitted paper.

By Sam Alishahi, independent insurance broker

The markets

Who says they write it

From each market's own appetite, product or program page (or a trade article quoting it), read on the date shown. Appetites change: the linked page controls. A market listed here isn't necessarily one this agency is appointed with; a licensed broker reaches most of them directly or through a wholesaler.

MarketWhat they say they writeWherePaperSource
McGowan Program Administrators
Program administrator		Community association D&O program on A.M. Best 'A' rated admitted paper in all 50 states covering defense and indemnity of monetary and non-monetary claims and breach of third-party contract claims, with a supplemental claim application; also package, umbrella, crime, cyber and single-family HOA products.
“Community Associations Directors & Officers Program protects the individuals who voluntarily serve on association Boards.”		All 50 StatesAdmittedmcgowanprograms.com · read 2026-10-28
Ian H. Graham
Program administrator		Community association D&O, crime & fidelity and property for condos and HOAs, serving 5,000+ brokers and 42,000 community association clients; part of Aon Programs; nonprofit D&O also offered.
“Our D&O policy has been highly customized to cover community association’s unique exposures.”		not statednot statedihginsurance.com · read 2026-10-28
Community Association Underwriters (CAU)
Program administrator		Community association insurance in 45 states, backed by premier insurance carriers.
“Since 1989, CAU has been the preeminent insurance provider for community associations”		45 statesnot statedcauinsure.com · read 2026-10-28
USLI
Admitted carrier		Community Associations D&O for homeowners associations, residential condominium associations and commercial condominium associations.
“Specifically designed for homeowners associations, residential condominium associations and commercial condominium associations including office, warehouse, and”		not statednot statedusli.com · read 2026-10-28

No fetched page explicitly advertises associations with active litigation or construction-defect history; the closest are Kinsale (hard-to-place/distressed, poor loss history) and McGowan/Kevin Davis (lawsuit defense, supplemental claim application). Also verified but trimmed: Philadelphia Insurance Companies HOA & PUD and Condominium Associations pages (loss runs required, no litigation wording); Burns & Wilcox lists HOA/COA/POA. Prime's homepage names no associations; Distinguished Programs returned 403/404.

How HOAs with litigation gets placed

Standard markets first where any will look at it; when they won't, the placement goes through surplus lines, where a licensed surplus lines broker places it with an eligible non-admitted insurer and files the state's surplus lines tax and stamping forms. In California, risks on the Department of Insurance export list can go to surplus lines without the usual diligent search of admitted carriers. Surplus lines policies aren't backed by a state guaranty fund, so the insurer's financial rating matters more.

What an underwriter will want before quoting: a full description of the operation, years in business and the owners' experience, revenue or payroll, loss runs (five years where available, currently valued), the contracts or venue requirements that set the limits, and photos or safety plans where the hazard is physical.

I'm licensed in 49 states and Washington, DC and your request stays with my agency, not passed to another agent. In Florida, where my licenses are still being issued, a partner agency in your state helps in the meantime.

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