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Condo Insurance Claim

Discussion in 'Condo & Co-op Issues' started by Annz, May 1, 2020.

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  1. Annz

    Annz Law Topic Starter New Member

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    Hello All,

    I hope everyone and their families are safe during these uncertain times.

    Will any condo insurance settle a claim filed by an association for water damage to a unit, without first sending out anyone from the insurance company to inspect and take pictures of the damages, or ask questions of the association and the owner of the unit where the water damage has taken place? Regardless of the settlement amount?

    Also, if a condo insurance deny a claim filed by the condo association. Isn't the owner of the damaged unit, by law, must receive a written notification from the condo association insurance as to the reason why the claim was denied?

    All assistance will be greatly appreciated.

    Keep Safe.
     
  2. Zigner

    Zigner Well-Known Member

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    Maybe.

    Check your policy.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    For a few hundred dollars, maybe.

    Otherwise, an emphatic NO.

    There is not likely to be any law that requires that. Read your CC&Rs for the answer to that question.

    If you want to provide details I might be able to make an educated guess as to why it was denied.
     
  4. zddoodah

    zddoodah Well-Known Member

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    As a starting matter, I'm going to point out that it's not clear whether you're referring to a condo owner making a claim against his/her condo owner's insurance or a condo association making a claim against whatever insurance it might carry. In other words, you should explain the facts that have resulted in you making this inquiry.

    In the abstract, virtually anything is possible.

    So...the condo association is making a first-party claim against its own insurance coverage. For what? If the claim is for damage to a particular unit, the only reason why the condo assocation's coverage would apply would be because there is negligence alleged against the association. Is that what happened? Regardless, the answer to the question is no. Under the circumstance described, no unit owner would be entitled to any notice (but the association might be so entitled).
     
  5. Zigner

    Zigner Well-Known Member

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    I am guessing that the OP owns a condo (downstairs?) that was damaged by water from another condo (upstairs?). The condo association made a claim against their own insurance and the claim was denied. OP wants to know why.

    I wonder how close I am...
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Not the only reason. The association is more likely to be making a first party property claim on the association policy for damage to parts of the condo unit that are defined in the CC&Rs as "common elements." That would typically be wall structure behind the drywall, sometimes even the drywall, and floor and ceiling structural members.

    Common elements structural members often get water damaged during the same incident that results in interior water damage.
     

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