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Association won't file insurance claim

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Red73

Junior Member
What is the name of your state? Arizona

We have recently had a problem with mold, and we discovered that it was caused by a leak in a common wall. The association has repaired the leak, and they are paying for the mold remediation and all of the repairs to the interior of the walls. Our insurance is responsible for the repair of the drywall, floors and vanity. Our homeowners insurance has let us know that because they are the secondary insurance in this case, they cannot pay on the claim until they have obtained a letter from the condo's master insurance stating what they will and will not cover. The association is refusing to file a claim because our condo is considered "high risk" and our property manager is saying that if there is one more claim made then the condo will not be able to get insurance next year. The deductible on the master policy is $10,000, and the amount of our bill shouldn't exceed that and the association doesn't see a need to risk the rate hike for this claim especially when they are paying for the repairs themselves. The property manager is also saying that the master policy doesn't cover mold removal, and so there is no need to file a claim. I have called the master insurance carrier, and they told me that only the association can file a claim since they are the owners of the policy. Is the association legally responsible to file a claim? Is my insurance company right to deny payment until they have a letter denying coverage from the master policy? What legal actions can I take to get things moving?
 



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