Condominium Assessments with HO 17 32 and HO 04 28 Endorsements
This is a claim under the HO-6 Condo Owners Policy with HO 17 32 endorsement and HO 04 28 endorsement. Insured is claiming there is/was wood rot on the piling of the building in which her condo is located. The HOA has finally closed the building, removed the wood piling, and installed metal ones. The insured is attempting to make a claim under the HO 04 28 endorsement for the $10,000 limit. Am I correct that this amount is included in the Cov. A limit, and not over and above the Cov. A limit?
Also, the insured has received assessments from the HOA for this damage; it is not actually damage for which she had to pay. So, would this not just be assessments and not covered under the HO 04 28 endorsement? I believe because she has the HO 04 28 endorsement, the assessments for the work would be covered.
If you would, please expound on the Section II coverage of the HO 04 28. Is this for liability?
She has been assessed several times and I believe I should handle this as assessments and not as coverage under her HO 04 28 because it is not particular to her specific unit.
Wyoming Subscriber
Unless the insured is responsible for the pilings under the condo agreement, the HO 06 won't apply for damage to the pilings unless they're specific to the insured's unit only, and it sounds like they're common property. The assessment coverage is for the insured's share of an assessment against an owner of a condo for damage to common property –property that all condo owners own collectively, such as the pilings.
Both the policy and the HO 17 32 cover mold if it's hidden within the walls/ceilings and is the result of an accidental discharge/overflow of a plumbing, heating, A/C or appliance on the residence premises. Unless the pilings are specific to the insured's unit only, they would not be covered. The HO 04 28 handles it the same way–hidden mold is covered, but obvious mold from continuous leaks is not covered.
The assessments the association has levied against the insured are just that, assessments, and should be treated that way.
They are not covered under the HO 04 28.
The section II coverage is indeed for liability only – -unless the insured was responsible for whatever caused the pilings to rot, there is no coverage under the liability portion of the HO 04 28. Coverage here is for when the insured is responsible for an occurrence, which is an accident including continued/repeated exposure to the same harmful elements, and injury or damages result. For example, if the insured grows orchids in her condo and has several humidifiers running to keep the orchids happy, and the humidity causes mold to grow in the ventilation shafts which causes medical problems for the resident of the condo next door, then coverage would apply. But for damage that just occurred and was not due to actions by the insured or the insured's malfunctioning appliances, there is no coverage.
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