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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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JaneM2
(Connecticut)
Posts:5
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| 10/11/2008 5:47 PM |
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| Reaching out for clarification: We are a Connecticut Condo Assoc. 1,000's of bees nested in between shared condo unit wall. Bees have been removed by Pest Control Co. (We had a contract covering this cost.) Now, the repairs. I basically know the lines drawn in our doc.s between h/o and assoc responsibility, however, I'm told by assoc. atty. that, in this case, because the event causing the need for repairs was from outside and the assoc is responsibile for outside of building - assoc must pay for all repairs to site which include - sheetrock replacement, painting walls, repair of bathroom ceiling, refinish ceiling, clean rug, replace insulation, replace chair rail. Trim on many areas of this building was replaced last year. Building is well maintained. It is reported that bees gained access under a piece of trim and so assoc fulling responsible for all of the above. Would appreciate your input. |
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KirkW1
(Texas)
Posts:1190
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| 10/11/2008 7:30 PM |
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| I understand your attorney's thought process on the matter. And he could well be correct. But I would go speak with your insurance agent. The insurance company may or may not agree with the attorney. At any rate, the whole thing is really an insurance matter. (You do have insurance coverage for this kind of thing don't you?) |
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JaneM2
(Connecticut)
Posts:5
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| 10/12/2008 5:28 AM |
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| Thank you for responding ... We have contacted our insurance agent to check on coverage...waiting for a reply. this event certainly makes one realize the value of having the board discuss coverage for events like this. |
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 6:17 AM |
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I've never heard of an insurance coverage for this kind of problem. The "damages" seem excessive. How long has this been going on? And why all the damage?
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JaneM2
(Connecticut)
Posts:5
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| 10/12/2008 8:09 AM |
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The bees were German Yellow Jackets - usually burrow into the ground in Europe - but now that they are here they are finding habitat in buildings. The young are born in late spring and they live only 1 year.
The owner of the pest control company we contract with for service had never seen anything like it in 30+ years in business himself. We contacted ins agent on Friday - haven't heard back yet; and I expect we will hear that there is no coverage in our policy. |
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 8:52 AM |
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Ask you pest guy what is a PREVENTIVE for this kind of thing. Bees usually like damp, dark places AND I understand that bees always build 2 nests. So there may be another one.
But, back to the damages - why was there inside damage of walls and chairrails, etc. ? |
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JaneM2
(Connecticut)
Posts:5
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| 10/12/2008 8:57 AM |
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Pest Control removed a 12'x4' next, there were thousands of dead bees to be removed. Sheetrock removed, chair rail nicked by workmen, insulation removed, sections of the wall needs to be replaced and taped, insulation replaced, wall painted, rug cleaned. There were some of the things I questioned with our atty because they actually are on the "inside" of the line of what the assoc is responsible for. Like painting the wall.
I've agreed to "go along" in this 1st case. But, I'm checking all resources I can find to think this through for the "next time". |
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 9:16 AM |
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I'm with you on this one - this is an exceptional case.
But preventive measures MUST be implemented!!
They'll be baaack . . .
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MaryA1
(Arizona)
Posts:2489
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| 10/12/2008 9:35 AM |
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Jane,
IMO, this is no different than any other type liability issue. The party resp. is determined by where the problem originated from. In this case the problem occurred in an HOA common area so the HOA is resp. for the damages incurred. If the roots from my tree, planted on my property, encroach onto your property and cause damage, I am liable because it is my tree.
IMO, all the insurance co. can do is determine if this type damage is covered by the HOA's policy. I don't know that it's their place to determine whether or not the HOA is at fault. |
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JaneM2
(Connecticut)
Posts:5
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| 10/12/2008 1:14 PM |
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Posted By SusanW1 on 10/12/2008 9:16 AM
I'm with you on this one - this is an exceptional case.
But preventive measures MUST be implemented!!
They'll be baaack . . .
Our Pest Control Guy told us to stuff steel wool into opening prior to caulking. Says that the bees won't deal with steel wool and will leave.
We shall see . . . |
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