Property & Casualty Insurance/Fl Condo Unit Fire
Yep, Me again,
Hi Jay. Well here's the latest my 90yr. old neighbor met with the woman who owns the Management company. She said, "The insurance won't cover the fire because it started in the "relay" (ac/handler)??switch??? They will replace the walls & ceilings but not the ac unit, wiring, etc!!! The Fire Dept. said it started in the "Junction box" which I assume is between their 1st floor & the second....I'm not good re: insurance but why would they say they will replace/repair the walls & ceilings but not the big stuff>? Isn't that an admission of guilt right there? or is that how it's done in a matter of this kind? My neighbor said that the Fire Marshall only comes out if a fire is suspicious so he's going to call the Fire Dept. in the morning to ask who he could/should hire to inspect exactly where it came from. I'm not going to elaborate on how & who are fishy to me in all this. I faxed all your answers up to him & he felt like he had some "Backup", Jay....so can we have your view & advice again. I'll thank you here again for your consideration & knowledge. Angi.
Hi Me Again! :)
Angi...this is getting ridiculous for your friends. I can tell you right now that NO insurance company or adjuster will speak through a property manager. If an insurance company is going to deny a claim, it must first be filed with the company, an adjuster must come out and look at it, and then there must be a letter stating not only the denial, but the specific policy language that is used to deny the claim. What you have here is a property manager who is just saying whatever they feel they need to say and NOT filing a claim. I can tell you right now that EVERY adjuster in FL is trained regarding 718.111(11) and how it applies.
WHERE the fire started has NO bearing on coverage. If a fire occurred and caused damage, the policy WILL respond. An adjuster would work WITH the fire department to determine what the cause and origin of the fire was. So...in the end, whether the fire started in the junction box or in the air handler, it makes no difference. Fire is a covered peril and therefore both the Association and the Unit Owner policies will respond. The only points that need to be clarified are who is responsible for what damage.
The Unit Owners will be responsible for the items that FL Statute states. I call them the "dirty dozen" because there are about 10-12 items the unit owner is responsible for. Everything else is the responsibility of the Association. If the property manager doesn't like it, that's just too bad for them.
At this point, I would begin to file complaints with the DBPR against the Property Manager...they also regulate Realtors and Property Managers...and I would consider filing a complaint with the Department of Financial Services (DFS) because the Association is refusing to file a claim for damage that is clearly covered.
Angi, at this point I am getting pretty darned ticked off about this situation. These people are supposed to be "professionals" and yet they seem to have no idea what the heck is going on and what they SHOULD be doing. If your friend can find out who the agent and the insurance company is, I would be more than happy to insert my influence by calling the agent. I would bet my annual salary that I probably know the agent. If you can get the information for me, please email it to my personal email address: firstname.lastname@example.org
Keep the questions coming, my friend. We are going to kick some butt on this one!!!