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How Much Liability Insurance Is Enough?

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Updated January 2026

How Much Liability Insurance Is Enough? (Updated for 2026)

Is $1,000,000 of liability insurance a lot of money?

On paper, it sounds substantial. For many individuals, boards, and businesses, it feels like a comfortable number. But in today’s legal and medical environment, the real question isn’t whether $1 million sounds like enough — it’s whether it would actually be enough when something goes wrong.

Every property, business, and community association is different, which can make it difficult to imagine how a large liability claim might occur. Unfortunately, real-world claims continue to show just how quickly damages can exceed standard limits.

To illustrate this risk, let’s look at a real claim scenario involving a condominium association — and what it teaches us about liability limits in 2026.


Liability Risks Facing Condo & Homeowners Associations

Condominium and homeowners associations face a unique and growing set of liability exposures. Many communities include amenities such as:

  • Playgrounds

  • Swimming pools

  • Clubhouses

  • Walking trails

  • Retention ponds or lakes

While these features add value and appeal, they also significantly increase the risk of serious injury or death. Common area accidents are one of the most frequent sources of liability claims against associations — and when injuries occur, lawsuits often follow.

What makes these claims especially complex is that responsibility can involve:

  • The association

  • The board of directors

  • Property managers

  • Individual unit owners

Maintenance, repairs, and oversight of common areas are critical. When something fails, liability can extend far beyond the association itself.


When Is an Association Liable?

Associations can be held liable when:

  • Common areas are not properly maintained

  • Repairs are performed incorrectly or without oversight

  • Safety inspections are inconsistent or undocumented

  • Known hazards are not addressed

Even when an injury seems accidental, courts often examine who had responsibility and control over the area where the injury occurred.


What Happened: A Real Claim Scenario

A condominium association with approximately 80 units maintained a small playground with a swing set for residents and guests. The swing set had recently been repaired by a unit owner — not a licensed contractor.

While a young man was using the swing, a metal attachment failed and struck him in the head. He suffered a severe closed-head injury.

The consequences were devastating:

  • Over $300,000 in medical expenses for just the first 10 days in ICU

  • Long-term rehabilitation to relearn how to walk and speak

  • Permanent, life-altering injuries


The Lawsuit and Insurance Fallout

The injured party sued the association and was awarded $7.2 million in damages.

Here’s how the insurance responded:

  • The association carried $1,000,000 in General Liability coverage

  • The association also carried $1,000,000 in Directors & Officers (D&O) coverage

Once those limits were exhausted, there was no additional insurance to respond.

Because the association did not have sufficient assets to cover the remaining judgment:

  • A lien was placed on every individual unit owner’s property for their portion of the unpaid damages

  • Unit owners then sued the board under the D&O policy for failure to obtain adequate insurance

  • The D&O policy limits were also exhausted

Ultimately, unit owners were personally responsible for more than $5.2 million in uncovered damages.


Why $1 Million Is No Longer Enough in 2026

This scenario is not an outlier.

Across the U.S., claims involving:

  • Near drownings

  • Traumatic brain injuries

  • Playground accidents

  • Falls and premises liability

  • Wrongful death

are resulting in verdicts and settlements well into the millions — often far exceeding traditional liability limits.

Medical costs, legal expenses, and jury awards have continued to rise, and courts increasingly look to associations and boards to demonstrate proactive risk management.

In today’s environment, $1 million of liability coverage is dangerously low for most associations and exposes:

  • Boards of directors

  • Individual unit owners

  • Property managers

to significant financial risk.


So… How Much Liability Insurance Is Enough?

There is no one-size-fits-all answer. The appropriate amount of liability insurance depends on:

  • Size of the association

  • Number of units

  • Amenities and common areas

  • Visitor traffic

  • Financial reserves

  • State-specific legal climate

That said, we are confident in this statement:

In today’s litigious environment, $1 million in liability coverage is not enough.

Most associations should strongly consider:

  • Higher General Liability limits

  • Excess or Umbrella Liability policies

  • Increased D&O limits for board protection

Umbrella coverage is often surprisingly affordable compared to the level of protection it provides — especially when weighed against the personal financial exposure of unit owners and board members.


Final Thoughts

Insurance can’t undo a tragedy or restore a life — but it plays a critical role in protecting communities from financial devastation after a serious accident. If you serve on a board, manage a property, or live in a community association, reviewing liability limits should be a priority — not an afterthought. 

Contact us today by emailing Service@TheSpireTeam.com

 

 

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