Legal Question in Insurance Law in Maryland

Condo mgmt Co. not covering damage they caused to my condo

My condo associations Mgmt co went up into the attic of our condo bldg, stepped on a sprinkler and flooded my apt. The mgmt co. says the condo assoc insurance will pay and they are not liable for their negligence since they are listed as additional insured on condo assoc policy. My problem is that the condo assoc. insurance does not cover betterments, where I have hard wood installed instead of the original carpet, the assoc will only replace the warped wood with carpet. if I want the wood reinstalled, my own insurance kicks in, where I pay $1000. deductible. Does this sound right?

Thanks in advance for any advice.

Mary


Asked on 9/19/04, 5:13 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Condo mgmt Co. not covering damage they caused to my condo

Your coverage is available as set forth in the insurance policy and is subject to Maryland statute over sale of insurance. The condo insurance company likely has a right to collect for coverage that it extends where the negligence of another party is at issue. The inspection and right to access may be established but it appears to have been effected negligently. Contact an attorney.

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Answered on 9/19/04, 8:20 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Condo mgmt Co. not covering damage they caused to my condo

First, you need to retain an attorney to review all the relevant documentation. This would of course include a copy of the actual insurance policy and all riders; as well as any lease, management contract, etc. between yourself and the condo association. The by-laws, rules and regulations of the condo. association must also be reviewed.

In general, the association would be legally liable for the direct and proximate results of the negligence of its employees. The fact that some items of damage (e.g. "betterments") might or might not happened to be covered under an insurance policy does not mean the condo. association, itself, is or is not liable. It would simply bear on whether the condo. association could seek reimbursement for those damages from its own insurer.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/20/04, 9:33 am


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