Kissimmee, FL asked in Insurance Defense and Personal Injury for Florida

Q: Would the HOA’s insurance in the condo that I own a rental refund me if I paid for the damages done by hurricane Ian?

My rental was damaged by hurricane Ian and I had renters living there and decided to break the lease because of the damages and I started arranging to have the inner walls fixed and paid upfront $5000, however after the fact the Condo HOA informed me that their insurance will cover the inside damages and I asked if the insurance would refund me and they have dodged the question twice.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A Florida attorney could answer best, but your question remains open for two weeks. They might not be dodging your question - they simply might not know. In these settings, it isn't in the policyholder's (your HOA) hands. It's up to the insurance carrier. Some carriers want their property loss adjuster to survey the damages before repairs are made, or some might have certain criteria for the credentials of who makes the repairs on certain types of losses. Until you're able to consult with a Florida attorney for state-specific guidance, the short answer nationwide in most places is that it's generally up to the carrier. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.