Insurance and deductibles

You are viewing an old revision of this post, from July 11, 2013 @ 16:15:11. See below for differences between this version and the current revision.

Responsibility for the Deductible on the Corporation’s Property Insurance Policy

Modified from an article posted by James M. Davidson and published with permission from James Davidson (Nelligan O’Brien Payne).

Insured Damage (i.e. Damage covered by the Corporation’s Insurance)

A. Proof of Negligence

   

   

Owner or tenant negligently causes damage to his or her own unit. Unit owner responsible per Section 105 (2) of The Act.
Owner or tenant negligently causes damage to other units or the common elements. Normally says owner responsible.
A resident’s family member, visitor or agent/contractor negligently causes damage to any part of property. Normally says owner responsible.
Condo Corporation negligently causes damage. Condo Corporation responsible.

B. No Proof of Negligence

   

   

Damage to owner’s unit from source within unit. Normally says owner responsible.
Damage to owner’s unit from source outside unit. Can say owner responsible.
Damage to other units or common elements from a source within one unit (the “source unit”). Can say owner of “source unit” responsible. [Note: Owner’s liability insurance might not provide coverage because no proof of negligence.]

Notes

  1. The foregoing only applies to damage which is “insured damage” under the condominium corporation’s insurance policy. In the case of insured damage, the corporation’s insurance covers all damage to the common elements and standard units (beyond the deductible). [Or, if the corporation decides not to make an insurance claim, the corporation must pay any amount that would have been paid by the insurer if a claim had been made.] The question then is: Who is responsible for the deductible portion of the loss? The above chart is directed at this question.
  2. The corporation’s insurance does not cover damage to any features beyond the standard unit (i.e. damage to “unit improvements”). You must ensure you have your own insurance that covers your personal possessions and any improvements that have been made to your unit.
  3. In the case of uninsured damage, the normal repair and maintenance responsibilities, set out in the Act and Declaration, apply. However, there may be basis for claim against any party who has caused the damage through an act or omission.
  4. Frobisher Place has Bylaw #7 you may wish to consult.
  5. You may be responsible for your personal insurance’s deductible, irrespective of who caused the damage.
  6. This article is intended for guidance only. We intend to schedule a future town hall to explore insurance further.

Post Revisions:

Changes:

July 11, 2013 @ 16:15:11Current Revision
Content
Unchanged: <strong>Responsibility for the Deductible on the Corporation's Property Insurance Policy</strong>Unchanged: <strong>Responsibility for the Deductible on the Corporation's Property Insurance Policy</strong>
Unchanged: Modified from an <a href="http:// www.nelligan.ca/ e/responsibilityforthedeductibleonthecorporationspropertyinsurancepolicy.cfm" target="_blank">article posted by James M. Davidson</a> and published with permission from James Davidson (<a href="http:// www.nelligan.ca/ e/index.cfm" target="_blank">Nelligan O'Brien Payne</a>).Unchanged: Modified from an <a href="http:// www.nelligan.ca/ e/responsibilityforthedeductibleonthecorporationspropertyinsurancepolicy.cfm" target="_blank">article posted by James M. Davidson</a> and published with permission from James Davidson (<a href="http:// www.nelligan.ca/ e/index.cfm" target="_blank">Nelligan O'Brien Payne</a>).
Deleted: <strong>Insured Damage (i.e. Damage covered by the Corporation's Insurance)</strong> Added: <strong>Insured Damage (i.e. Damage covered by the Corporation's Insurance) - Responsibility for Deductible on Corporation's Insurance Policy</strong>
Unchanged: <strong>A. Proof of Negligence </strong>Unchanged: <strong>A. Proof of Negligence </strong>
Deleted: <table border="1"> 
Deleted: <colgroup> 
Deleted: &nbsp;&nbsp;&nbsp; <col span="2" style="background-color:red"> 
Deleted: &nbsp;&nbsp;&nbsp; <col style="background- color:yellow">Added: &nbsp;
Deleted: </colgroup> 
 Added: <table border="1"><colgroup> </colgroup><colgroup> <col style="background-color: red;" span="2" /> </colgroup><colgroup> <col style="background-color: yellow;" /> </colgroup>
Unchanged: <tbody>Unchanged: <tbody>
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>Owner or tenant negligently causes damage to his or her own unit.</td>Unchanged: <td>Owner or tenant negligently causes damage to his or her own unit.</td>
Unchanged: <td>Unit owner responsible per <a href="http:// www.e-laws.gov.on.ca/html/ statutes/english/ elaws_statutes_ 98c19_e.htm#BK127" target="_blank">Section 105 (2) of The Act</a>.</td>Unchanged: <td>Unit owner responsible per <a href="http:// www.e-laws.gov.on.ca/html/ statutes/english/ elaws_statutes_ 98c19_e.htm#BK127" target="_blank">Section 105 (2) of The Act</a>.</td>
Unchanged: </tr>Unchanged: </tr>
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>Owner or tenant negligently causes damage to other units or the common elements.</td>Unchanged: <td>Owner or tenant negligently causes damage to other units or the common elements.</td>
Deleted: <td>Normally says owner responsible.</td>Added: <td>Our <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a> says owner normally responsible.</td>
Unchanged: </tr>Unchanged: </tr>
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>A resident's family member, visitor or agent/contractor negligently causes damage to any part of property.</td>Unchanged: <td>A resident's family member, visitor or agent/contractor negligently causes damage to any part of property.</td>
Deleted: <td>Normally says owner responsible.</td>Added: <td>Our <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a> says owner normally responsible.</td>
Unchanged: </tr>Unchanged: </tr>
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>Condo Corporation negligently causes damage.</td>Unchanged: <td>Condo Corporation negligently causes damage.</td>
Unchanged: <td>Condo Corporation responsible.</td>Unchanged: <td>Condo Corporation responsible.</td>
Unchanged: </tr>Unchanged: </tr>
Unchanged: </tbody>Unchanged: </tbody>
Unchanged: </table>Unchanged: </table>
Unchanged: <strong>B. No Proof of Negligence</strong>Unchanged: <strong>B. No Proof of Negligence</strong>
 Added: &nbsp;
 Added: <table border="1"><colgroup> </colgroup><colgroup> <col style="background-color: red;" span="2" /> </colgroup><colgroup> <col style="background-color: yellow;" /> </colgroup>
Deleted: <table border="1">Added: <tbody>
Deleted: <colgroup> 
Deleted: &nbsp;&nbsp;&nbsp; <col span="2" style="background-color:red"> 
Deleted: &nbsp;&nbsp;&nbsp; <col style="background- color:yellow"> 
Deleted: </colgroup> 
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>Damage to owner's unit from source within unit.</td>Unchanged: <td>Damage to owner's unit from source within unit.</td>
Deleted: <td>Normally says owner responsible.</td>Added: <td>Our <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a> says owner normally responsible.</td>
Unchanged: </tr>Unchanged: </tr>
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>Damage to owner's unit from source outside unit.</td>Unchanged: <td>Damage to owner's unit from source outside unit.</td>
Deleted: <td>Can say owner responsible.</td>Added: <td>Our <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a> may say owner responsible.</td>
Unchanged: </tr>Unchanged: </tr>
Unchanged: <tr>Unchanged: <tr>
Unchanged: <td>Damage to other units or common elements from a source within one unit (the "source unit").</td>Unchanged: <td>Damage to other units or common elements from a source within one unit (the "source unit").</td>
Deleted: <td>Can say owner of "source unit" responsible. [Note: Owner's liability insurance might not provide coverage because no proof of negligence.]</td> Added: <td>Our <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a> can say owner of "source unit" responsible. [Note: Owner's liability insurance might not provide coverage because no proof of negligence.]</td>
Unchanged: </tr>Unchanged: </tr>
 Added: </tbody>
Unchanged: </table>Unchanged: </table>
Unchanged: <strong>Notes</strong>Unchanged: <strong>Notes</strong>
Unchanged: <ol>Unchanged: <ol>
Unchanged: <li>The foregoing only applies to damage which is "insured damage" under the condominium corporation's insurance policy. In the case of insured damage, the corporation's insurance covers all damage to the common elements and standard units (beyond the deductible). [Or, if the corporation decides not to make an insurance claim, the corporation must pay any amount that would have been paid by the insurer if a claim had been made.] The question then is: Who is responsible for the deductible portion of the loss? The above chart is directed at this question.</li>Unchanged: <li>The foregoing only applies to damage which is "insured damage" under the condominium corporation's insurance policy. In the case of insured damage, the corporation's insurance covers all damage to the common elements and standard units (beyond the deductible). [Or, if the corporation decides not to make an insurance claim, the corporation must pay any amount that would have been paid by the insurer if a claim had been made.] The question then is: Who is responsible for the deductible portion of the loss? The above chart is directed at this question.</li>
Deleted: <li>The corporation's insurance does not cover damage to any features beyond the <a href="http:// frobisherplace.ca/home/links/ 82-bylaw-8-standard-unit/" target="_blank">standard unit</a> (i.e. damage to "unit improvements"). You must ensure you have your own insurance that covers your personal possessions and any improvements that have been made to your unit.</li> Added: <li>The corporation's insurance does not cover damage to any features beyond the <a href="http:// frobisherplace.ca/home/links/ 82-bylaw-8-standard-unit/" target="_blank">standard unit</a> (i.e. damage to "unit improvements"). You must ensure you have your own insurance that covers your personal possessions and any improvements that have been made to your unit. This is actually required under <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a>, Article II (5).</li>
Unchanged: <li>In the case of uninsured damage, the normal repair and maintenance responsibilities, set out in the <a href="http:// www.e-laws.gov.on.ca/html/ statutes/english/ elaws_statutes_ 98c19_e.htm" target="_blank">Act</a> and <a href="http:// frobisherplace.ca/ FP_declaration.pdf" target="_blank" >Declaration</a>, apply. However, there may be basis for claim against any party who has caused the damage through an act or omission.</li>Unchanged: <li>In the case of uninsured damage, the normal repair and maintenance responsibilities, set out in the <a href="http:// www.e-laws.gov.on.ca/html/ statutes/english/ elaws_statutes_ 98c19_e.htm" target="_blank">Act</a> and <a href="http:// frobisherplace.ca/ FP_declaration.pdf" target="_blank" >Declaration</a>, apply. However, there may be basis for claim against any party who has caused the damage through an act or omission.</li>
Deleted: <li>Frobisher Place has <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/" target="_blank">Bylaw #7</a> you may wish to consult.</li> Added: <li>Frobisher Place has an <a href="http:// frobisherplace.ca/home/links/ 82_by_law_7_insurance/">insurance bylaw</a> you may wish to consult.</li>
Unchanged: <li>You may be responsible for your personal insurance's deductible, irrespective of who caused the damage.</li>Unchanged: <li>You may be responsible for your personal insurance's deductible, irrespective of who caused the damage.</li>
Deleted: <li>This article is intended for guidance only. We intend to schedule a future town hall to explore insurance further.</li> Added: <li>This article is intended for guidance only. We held a town hall with Jim Davidson on July 29, 2013 to discuss insurance further.</li>
Unchanged: </ol>Unchanged: </ol>

Note: Spaces may be added to comparison text to allow better line wrapping.

1 thought on “Insurance and deductibles

  1. It’s good that you are trying to clarify these matters regarding insurance. However, the information presented on your site is still very hard to understand despite your efforts. The link to the original article helps somewhat, but these are complex issues, and there are still gaps in my understanding. Since CCC #82 does have an insurance by-law, maybe it would be useful to link to it where it is mentioned in your text.

Comments are closed.