Q: Can an insurance company deny a claim so insurer can fix the damage themselves to avoid paying the deductible?
I live in a HOA, recently while raining my roof leaked and caused lots of damage. I called the property insurance company to file a claim. Today I received an email for the HOA stating that the insurance company advised them they had a $5,000 deductible and it would be in their best interest to handle it themselves.The HOA is now demanding that I take care of other repairs (repairs they are responsible for) before they will fix the damage from the water leak. Can the insurance company deny my claim so that the HOA does not have to pay the deductible?
A: Are the repairs you're being asked to make your contractual duty to the HOA, and are such repairs logically required to be completed so that the roof can be fixed? Or is there no physical causal connection between the two? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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