New York's Cooperative and Condominium Community
I’m looking for some guidance on a situation I’m currently facing.
I live in a Mitchell-Lama Cooperative, and this is my first experience dealing with damage to my apartment caused by broken pipes within the walls. I have insurance and have gone through the claims process, but I have many questions because I’m not very familiar with how all of this works and need to educate myself more on the topic.
My insurance company has approved the claim and will provide funding for repairs within my apartment. However, they informed me that, according to my Association's Master Policy, the building is responsible for covering up to the first $10,000 in personal deductions due to damage. To be clear, I did not cause the issue—the drainage pipes in the building are old and burst, resulting in damage to the walls and floors of my apartment.
During the claims process, my insurance company requested a copy of the Master Policy claim. However, my management office did not file a claim with their insurance because the costs did not exceed $10,000. This brings me to my questions:
If damage is caused by pipes and the Master Association Policy includes personal liability coverage of up to $10,000, should the management office be filing a claim regardless of the amount? My insurance company asserts that my HOA should cover the first $10,000 per the policy. Who is in the right here?
According to Mitchell-Lama rules, am I entitled to obtain a copy of the Master Policy for our association? I was told I could not get a copy, but I would like to confirm whether that’s accurate.
While I understand that I am responsible for any repairs within my apartment, this particular damage originated from inside the walls. Since the Master Policy covers up to a $10,000 deductible for personal damage or liability, shouldn’t the management office be responsible for filing a claim to cover the remainder of my damages? Additionally, I performed a mold test, which came back positive—am I entitled to have the cleanup covered by the management office, or is that cost my responsibility even though I didn’t cause the damage? Should I consider seeking legal advice on this matter?
Lastly, as a learning opportunity, what are some important questions I should ask when shopping for insurance to ensure proper coverage? Since my current insurance only covers costs beyond $10,000 for pipe-related damage (as specified by the Master Policy), how would this apply to other types of damage that are not related to pipes? For example, if my dishwasher were to break and leak throughout my apartment, would that be where my deductible comes into play?
Thank you in advance for any advice or insights you can provide!
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