Why are the Board Members being asked whether a claim should be opened?

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Why are the Board Members being asked whether a claim should be opened?

We have a small HOA with a small Board of Directors. One of the homeowners in the community has filed a claim against the HOA, indicating he has endured pain and suffering as a result of information shared about him at a Board meeting. The agent for the insurance company called a Board member and explained that, based on what the homeowner stated, the insurance company has no liability and the claim is ‘not on record’. The agent has asked the Board whether it wants the insurance company to open the claim and investigate it. Why has the Board been asked this question? Shouldn’t the individual who filed the claim have the right to more than a cursory review? I’m not the claimant, I’m on the Board.

Asked on November 16, 2017 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The board is being asked because the board is the customer or client: the insurer has an obligation to them, because the HOA has paid for the policy. It does not have an obligation to the claimant; so the insurer is asking the board if it wants *its* insurer to look into this further.


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