Home » LAW »» Insurance Law

help please: who should file this insurance claim? (Insurance Law)

Wed, 26 Nov 2008 18:08:00 GMT
Tags: apartments, bri, claim, cooperative, damages, door, file, insurance, law, property, reside, resulting, state, york

hello,
i reside in the state of new york and know nothing about cooperative apartments, and property damages resulting from a next door shareholder's contractors renovations, and therefore would greatly appreciate legal advisement.
a new co-op shareholder has recently purchased the co-op directly next door to my elderly disabled brother-in-law and began extensive renovations. their legal renovations termination date to completely finish and cease all renovations work was over 1 1/2 months ago, but to-date they have continued doing unapproved, unauthorized, illegal renovations.
recently the new co-op shareholder's contractor has damaged my disabled brother-in law's living room room wall. the damage is very visible, and the damaged wall is cracked from floor to ceiling. the co-op property manager, and co-op building superintendent took digital pictures of the extensive wall damage, since my brother-in-law owns shares in the co-op, but not the actual cooperative apartment.
the wall damage digital pictures were submitted to the new shareholder by the co-op's property manager. my brother-in-law wants the new co-op shareholder to pay for the repair and repainting. the new shareholder asked for a written estimate from my brother -in- law relative to repairing the damaged structure and repainting the apartment, since all rooms have the same paint color, and can all be seen from the structural wall damaged area. (this is a very large desirable water front cooperative efficiency unit).
my brother-in- law had his painter access the situation and the painter gave his written estimate for tape repair, plastering, priming, and painting. the final cost estimate was $1,500.00. according to many shareholders in the cooperative my brother-in-law spoke to, they informed him that the $1,500.00 estimate was a bargain and very reasonable, especially since his co-op apt., is one of the most desirable larger efficiency beach front units.
the new shareholder received the written estimate and decided not to honor the written estimate, and instead said an insurance claim should be filed. my future brother- in- law was given the contractors insurance documentation as a matter of record when legal renovations began, but to-date illegal renovations continue and the co-op's property manager is aware of this entire situation..
Question: i would like to know who is legally responsible to file the insurance claim now? the contractor who did the damage to my brother-in-law's wall, or my brother-in -law? my brother-in-law is afraid to file any claim on his co-op insurance, since he states his premiums will escalate, and insurance companies are looking for any reason to drop a policyholder, (especially since he resides in water front property which is a high risk zone).
i would greatly appreciate a knowledgeable advisement as to who should file the insurance claim......the new shareholder contractor's insurance company, or my brother in law, and we all thank you in advance.

Comments (8) | Promote | Bookmark |

  • Leave a Comment Now.
  • Comments
  • Mon, 01 Dec 2008 06:29:00 GMT(1)
  • Maybe they couldn't complete them in the time allowed. Most renovations go on past the estimated completion date.
  • Mon, 01 Dec 2008 21:35:00 GMT(2)
  • thanks so much for that clarification moburkes, we all greatly appreciate it and we wish you and everyone happy upcoming holidays.
  • Thu, 27 Nov 2008 00:04:00 GMT(3)
  • Your brother should file the insurance claim, then let the insurance company subrogate against the at fault party. They will also attempt to collect his deductible back for him.
  • Fri, 28 Nov 2008 19:57:00 GMT(4)
  • moburkes
    Senior Member
    Join Date: Nov 2005
    Location: South Cackalacky
    Posts: 14,784
    Your brother should file the insurance claim, then let the insurance company subrogate against the at fault party. They will also attempt to collect his deductible back for him.
    thanks so much moburkes for your reply, and i will inform my disabled brother-in-law that he should file the insurance claim.
    moburkes is there anyone i can contact for my disabled brother- in- law as far as the continued to date unapproved, unauthorized, illegal renovations. "those legal renovations should have ended in early october of 2008", but to-date the co-op property manager is not addressing this at all, and the continued illegal renovations are causing medical distress to my disabled brother-in-law, as well as additional fear of the possibility of even more new property damage.
    i would greatly appreciate some guidance about that as well, and i thank you again in advance, and look forward to reading your advisement regarding the above.
  • Fri, 28 Nov 2008 20:04:00 GMT(5)
  • Why do you keep referring to him as disabled? I don't get that.
    In any case, contact the housing department for your county.
  • Sun, 30 Nov 2008 23:23:00 GMT(6)
  • hello again moburkes,
    answer to your question moburkes is that they were granted the legal right to do renovations but only on the premise that they must be completed within 3 months, and ending all renovations work on october 1st, 2008. this legal agreement the new shareholder did sign in front of the co-op board, property management agent, and the attorney's of the property management company during the co-op board of directors renovations approval meeting.
    since then and to-date, the new shareholder, his contractor and subs keep renovating. they also renovate weekends and holidays and after 5 p.m. which is not permitted (and there are no exceptions to those co-op rulings of which they are all aware of, as that is also stated in the legal renovations compliance agreement the new shareholder also legally signed).
    now the board and property management company have classified the continued renovations without permission, or authorization, as illegal renovations, and yet nothing is being done to put a stop to them. this is what they told my disabled brother-in-law when they all keep referring to the renovations as illegal renovations, but when he asks them what steps they will now take to make these illegal renovations permanently stop, both the co-op bpard members and the property manager reply they are discussing the issue amongst themselves, but request my disabled brother-in-law to furnish them with daily illegal renovations updates.. so far they have been discussing the issue amongst themselves for close to 2 months now, and to-date no action whatsoever has been taken by either of them.
    honestly moburkes i cannot fathom why both the co-op board and property management company did not send them a letter after their legal time to renovate had come to its october 1st, 2008 renovations end date had expired, but they continued renovations to-date, and now with no co-op board or property management company authorization or approval for a continuance.
    unfortunately i am not a co-op expert moburkes, but this seems as though the co-op board & property management company are not enforcing the legal renovations co-op house rules, regulations, and bylaws , regarding this out of compliance continued illegal renovations issue.
    thanks for all of your replies moburkes, as well as your next reply. both i, and my disabled brother-in-law, thank you wholeheartedly, as your replies will educate us regarding this dilemma and i just pray it is resolved
    before my disabled brother-in-law suffers more stress, hypertension and arthyhmia.
  • Sun, 30 Nov 2008 16:26:00 GMT(7)
  • moburkes moburkes is offline
    Senior Member
    Join Date: Nov 2005
    Location: South Cackalacky
    Posts: 14,790
    Why do you keep referring to him as disabled? I don't get that**
    moburkes i am referring to the fact that his is multipally disabled, and by the continued illegal renovations his hypertension shoots up and his cardiac arthythmia pains begin forcing him to take more life sustaining prescription medications than he should be taking. of course his listening and feeling the horrific intense vibrations of these continued unapproved illegal renovations cause him major stress issues, which in turns promotes a host of other medical occurences, all deriving from the continued on going illegal renovations. (i hope this explains that these illegal renovations place him in continued medical endangerment as well).
    In any case, contact the housing department for your county.
    thank you moburkes, and i will tell him to do just that.
    moburkes if you care to comment on my above " disabled explanation", i would appreciate that, because i feel by the co-ops property management company not addressing these unauthorized, illegal continued renovations, but knowing they are continuing, this co-op management company which oversees all the co-op compliance bylaws is violating a multitude of legal law and co-op compliance by laws as well.
    by the co-op management company's continued silence they are also directly placing my disabled brother-in-law in a very grave health endangerment's situation, as are the new shareholders who are performing these illegal unauthorized continued renovations.
    i await your comments and thank you in advance moburkes.
    Reply With Quote
  • Sun, 30 Nov 2008 17:23:00 GMT(8)
  • If the housing department gives them a permit, the renoveations will continue - but legally. How will the fact that they are illegal removeations, now, but could be legal renovations soon, make any difference.
  • Leave a Comment Now.

Insurance Law Open Questions

HELP PLEASE, bad builder & same insurance as mine

I am in Pennsylvania My house has suffered damage, due to bad construction. My insurance company denied my claim. However, they said that my builders insurance should cover the cost. They even gave me a letter from their engineer, that blames the builder. I have come to find out that my builder......

Help please - Dishonest Surgery center & what can I do?

What is the name of your state? AZ Late last year I was visiting in AZ when I ruptured 3 disks in my back and had all the residual problems associated with that including surgery, medication, and finally a procedure called an injection at one of the local outpatient surgery centers. It was very......

help please

What is the name of your state? California My son is a methamphetamine addict. I contacted my HMO-Cigna and they explained the substance abuse benifits my plan includes. There are 3 levels. Intensive out patient, day treatment, and in patient. They provided me with the network facilities......

help please

What is the name of your state?What is the name of your state?new york...

Help on resolving a problem

What is the name of your state?What is the name of your state? Illinois My daughter was born with a congenital heart disease. She needed a procedure to be performed for which she was transported to another hospital using an ambulance and then back to her birth hospital after she had recovered......

Help on Auto damage issue by Condo building

What is the name of your state? Illinois I live in high-rise building and have outside parking. Few days back, building next door to mine had some stones flying in the night and broke windshields of about five cars including mine. Our building management decided to go with one particular Body......

Help Mom-Life Ins. beneficiary ?'s

What is the name of your state?What is the name of your state? NY My dad lived with another woman for 35 yrs despite still being legally married to my mom even up to the day he died. His companion is the beneficiary on his NY State pension and 2 life insurance policies totalling about $19k.......

Help me-After appendicitis operation Mediclaim is possible

What is the name of your state? TN Hi, I know something about insurance and its plans but not much.I am quite aware of health insurance.Two months ago my grandma undergone appendicitis operation.it was succeeded.Now she is in good condition.she was fifty years old.My question is, Is she......

Help Me Please

What is the name of your state? Maryland I have a Home Owners Insurance problem and need some advice as I am not sure what direction to head in at this point . back in July 19 2005 during a thunderstorm storm , as I lay on my bed I heard a loud cracking sound followed by a swooshing sound then......

Help Me

What is the name of your state? MN Last summer the city I live in upgraded the water and sewer in my neighborhood. The company that they hired to do this came in took out all the old blacktop and also dug out 3 feet below the blacktop. In the process of doing that they cut my main power cable......

Some questions maybe you're interest in...

rent to own buisness ?/

[BUSINESS & FINANCIAL & Corporate LAW] if a landlord rents tv's vcr's table's radio's ect ect. does she have to have a license to rent these things?and does the cerial number have to be on the contract? what are all the laws and rules to this. I was forced to rent it because I was on section8 assistant and she wanted 100 more a month..........

Protection of idea for movie

[Intellectual Property] What is the name of your state? Georgia I am interested in pitching an idea for a movie to a studio. The idea will be in outline form and documented. It will be sent to them electronically. 1. How can I protect myself? Is this covered under copyright law? 2. Is it wise to send this out.........

Underage pregnancy laws

[CRIMINAL LAW & PROCEDURE] If I got pregnant two months before my 17th birthday and my boyfriend is 20, can he be criminallly charged in the state of missouri or in the state of texas even though we're getting married in march with parental consent? And does being in the military help or hurt the situation?......

Beware of this sneaky trap

[Traffic Law] Beware of this sneaky trap which can trick you into an accident: Do you know what lag-trap is? (http://geocities.com/midimagic@sbcglobal.net/lagtrpqz.htm) The sneaky part is that each driver expects the other driver to stop. In my opinion, the agency that set up a traffic signal to produce these.........

Charged 4 smelling like marijuana?

[CRIMINAL LAW & PROCEDURE] What is the name of your state? Pennsylvania police came to my house for an accident 911 call came in claimed the basement smelled like weed brought a drug search dog and cited me the citation read basement smelled like marijuana can i seriously be charged for that Edit/Delete.........

Misguided Employment

[Employment & Labor Law] What is the name of your state (only U.S. law)? Washington State I accepted a job after interviewing for it. I was working a good job with a good company and the new company offered more. This is a large company that was just starting up in my area. They interviewed me for this position and.........

How Do I Find Out if I'm Divorced

[Family Law] we file paperwor for divorce back on sep, 2007, and wanted to know where i can findout if it has been finalized, and how long before you can get married?......

Selling an inherited property

[Tax Law] What is the name of your state? Missouri My mother, along with her two brothers, inherited her mother's house upon her death. One of the brother's is wanting to buy her share. Her portion is only about $30,000. Would this be subject to capital gains tax and if so, what percentage? My father is.........

car & ch7

[BANKRUPTCY & CONSUMER CREDIT] What is the name of your state? KY Hi! I have a question, we are about to file Ch7 and one of the things included in this is our car. The transmission went out, we couldn't afford to have it fixed and we were behind on payments anyway. So we decided to just let them reposses it. I have children,.........

F1 applying for H1B plus more

[Immigration Law] What is the name of your state? GA Hello, I am currently on F1 visa working on my doctoral degree. My Visa has expired but I 20 is valid that means whenever I step outside the country I have to get my visa stampped again. Now I have job offer based on my undergraduate degree and not my.........