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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.