Legal Question in Insurance Law in California

homeowners assoc board of dir denies insurance-kperry

May 10 2002-Homeowner drives into detached garage of townhouse hitting washer and dryer which go partially thru wall damaging studs and water line. Owners condo insurance pays for car and washer/dryer but not damage to garage. Insurance company of homeowner assoc sends adjuster but we are not informed if claim has been denied or accepted. June 2002-homeowner assoc board of directors sends letter telling insurer to deny claim because it is concerned about rising cost of insurance. Sept 2002 we ask again why claim is not resolved. Assoc faxes us letter they sent to insurance company telling them to deny claim. How do we get insurance that we pay thru homeowner assoc dues? Do we have to sue. Who gets sued? If we get lawyer, can we get reimbursed or only amount of repairs? Can we get our homeowner policy to sue association insurer? Is it worth it to pursue this? We have filed with dept of insurance. Can we personally sue members of board?


Asked on 9/12/02, 9:01 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: homeowners assoc board of dir denies insurance-kperry

You should deal with the HO insurer directly. Are you the owner of the condo which suffered the damage? The HO has an obligation to rebuild/repair the common area, which I am guessing is where the detached garage is. But are you sure that it is a common area, or is it art of your condo which was damaged?

Your atatus is unclear so it is difficult to answer your questions. Why not just make a claim with the driver for all damages he/she caused, and his/her auto insurer will pay for everything. And the HO has no right to tell the an insurer to deny a claim - yes, the board members and the board can be sued.

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Answered on 9/17/02, 7:52 pm


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