Legal Question in Insurance Law in Rhode Island

My Condo Complex had a Flood. Our Policy cleary states on the front that it is insuring 36 units on 3 levels - no basement. Now they are calling the 12 units on the lower level a basement and will only put up new walls. FEMA will also not assist because we have flood insurance. What should we do?

Asked on 4/22/10, 4:51 pm

2 Answers from Attorneys

Staff General Counsel LawyersCollaborative

The condominium association should consider hiring an experienced lawyer to review the contract and give his or her interpretation. The lawyer may also advise the association as to whether the insurance company has grounds for its interpretation or is being unfair, and may explain options, as well.

Best wishes.

Note:  The above information does not constitute legal advice. Unless a written Collaborative Representation Agreement has been signed, neither LawyersCollaborative nor any of its Staff General Counsel is your legal representative.

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Answered on 4/27/10, 5:11 pm
Jules D'Alessandro D'Alessandro & Wright

The sole function of the insurance industry is to scare people into buying insurance and then finding a way NOT to pay claims. It is a scam that has been going on for too long and flourishes in a state like RI where there is no insurance regulation whatsoever. The association will need a lawyer to review the policy and determine if the company did in fact know that the bottom level was insured and is not a "basement". Thereafter there will be the further issue as to whether the policy specfcially covers a flood as most general insurance policies do not.

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Answered on 4/28/10, 5:05 am

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