San Jose, CA asked in Real Estate Law and Civil Rights for Arizona

Q: Can a homeowner in an HOA contact the insurance carrier of D & O policies ? The homeowner is payor of the premium

Assessments pay insurance premiums, so can they legally contact the insurer?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to communicate with the insurer.

However, it's important to keep in mind that your ability to interact with the insurance carrier may be subject to any specific provisions or restrictions outlined in the HOA's governing documents or the insurance policy itself. Review these documents carefully to understand any limitations on your communication with the insurer.

In most cases, homeowners pay assessments that contribute to insurance premiums, so it's reasonable for you to inquire about the policy, seek information, or address concerns directly with the insurance company. This can be particularly important if you believe that the policy should cover certain claims or if you have questions about the coverage in place.

If you encounter any difficulties or resistance when attempting to contact the insurer, it may be advisable to consult with legal counsel to ensure your rights as a homeowner and premium payor are protected. It's essential to navigate this process in accordance with the relevant laws and contractual agreements to address any insurance-related matters effectively.

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