Long time reader, first time poster here...

Hail Storm occured in Ohio. 

A HOA carrier is denying coverage on a patio enclosure, which is attached with no gaps to a single-unit dwelling.  The patio was built by the original homeowner, who still owns and occupies the dwelling full-time.  The homeowner purchased a Special 7 "Elite" policy from a carrier to insure her belongings, as well as the enclosure. 

The I/A for the HOA is stating no coverage because the policy only covers original structures.  He is denying information as to the carrier, and policy type.

Ironically I have a friend who lives in the development, and he's telling me that the adjuster is denying all claims stating that the insureds must repair their hail damaged houses because they are in violation of the HOA agreement. 

Any theories on this one?  No idea what the HOA's policy holds...yet, but I understand HOA policies are somewhat standardized like H.O Forms...

Thanks!

Phil

With the limited info provided, I tend to agree the enclosure is probably a unit-owner item and may be covered by the HO and not the HOA policy/carrier. But, without having access to the condo documents, policies and/or knowing the state where the claim is involved, it is impossible to give you an correct answer.

You mentioned Ohio, I missed that.  My reason for knowing the state is that some state statutes will override condo documents.

Dave

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The adjuster who denied the loss for the unit owner must have all the forms. The space owner must have a copy of his policy. I would like to comment as you said he purchased a delux 7 which covered his contents AND THE ENCLOSURE, was this incorrect?

Phil, in order to properly adjust any condo policy loss, you need to see the bylaws to identify who owns what and who is responsible for what.  After review, you then refer to your policy to see if coverage exists. Your unit owner is part of the association and therefore an insured under that policy as well. Part of his condo fees go to pay for this association policy. Your unit owner should be able to request a written denial from the association adjuster to include relevant portions of the policy. I usually call the other adjuster to discuss because it certainly leaves everyone in an unfortunate situation when insurance carriers are arguing over which should pay. Another thing to consider is the association deductible. In many cases they are quite large or a percentage of the coverage limit so your questions over coverage may be mute. Your insured is going to have enough building coverage to satisfy the enclosure.  If the other adjuster refuses to cooperate have your guy address the association president for assistance. I am sure there are other unit owners having the same problem.  I have seen association bylaws/contracts where the association indicates they will purchase insurance for all building items. Hope this helps and good luck.

You are correct Steve, since the loss is in Ohio and I am from Ohio I didn't mention that but it should be noted since all states are not the same.

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Carrier ended up owing for this loss (as anticipated), as the CC & R's did not cover such a loss.  Thanks to everyone for their input!  This is a very helpful group!!  Have a great day.