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A claim involves an HOA and HO6 policy. A collapsed sewer line caused black water damage to the interior of the insured risk. The HOA and homeowner carriers are arguing about who is primary and responsible for damages. The sewer line is under the slab in the middle of the unit. It will require cutting the slab to repair. The HOA insurance company took over 55 days to deny the claim. The homeowner filed a lawsuit against the HOA – the homeowner carrier advised they would try to get an agreement with the HOA carrier. Eight months later no settlement from either carrier and the ALE has been exhausted. The insured feels since no agreement has been reached that the ale should not be tolled until there is an agreement from their carrier. To date over 30k has been incurred. They realize that some or all may be recovered from the HOA carrier.

  Arizona Subscriber

 The ISO HO 06 05 11 clearly states that ALE is paid for the shortest time to repair or replace the damage, or until the insured permanently relocates, whichever is shorter. Since the property is uninhabitable, the insured should continue to receive ALE.

 As far as who should pay to repair the damages, the HO 06 states that the policy covers real property that pertains exclusively to the "residence premises" – "residence premises" is defined as the unit where the insured resides and is shown in the declarations.

 It needs to be determined if the sewer line exclusively serves the unit – if it does not, there is no coverage under this section.

 Also the HO 06 provides coverage to property which is the insured's responsibility to insure under a corporation or association of property owners agreement. So the insured/carrier need to look at the condominium master agreement between the insured and the association. This will indicate what the insured and the association are responsible for. Most often the association is responsible for anything used in common with other unit owners. Likewise many states make the association primary on such things, you'd have to check the statutes.

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