An hoa owner requested the insurance loss history

[Allen Trent]

Thank you. I want to help him out. What can he do to access it. Is it something he is entitled to see by law as a homeowner?

Nope. He signed the deed restrictions when he bought the house. Those Deed restrictions spell out how a board is elected to run the HOA affairs. He can only request info from the HOA, not from you. If HOA won't share it, he has to pursue legal action against HOA. You are playing with fire to even discuss any aspect of the HOA insurance policy unless expressly told to do so by your client, the HOA

 

[CANMan]

Thank you

 

[CANMan]

I am not even sure if the hoa contract is valid anymore. The contract has been badly breached. I am stepping away from this mess, but feel for the residents and one is a friend.

 

[LeeV]

Well then you get a half apology. You worded the question in such a way that it appeared that you had access to it. Did not realize you were the agent, thought you were on the board. I would tell the board and lawyers the same thing, as long as there is no confidential information being made public they should provide.

 

[CANMan]

I apologize for any confusion. Its a strange situation. What in a loss run might be considered confidential? And, thank you!

 

[Allen Trent]

I apologize for any confusion. Its a strange situation. What in a loss run might be considered confidential? And, thank you!

everything in it is confidential. Some loss reports obtained are even considered credit based reports, IE--CLUE https://oci.wi.gov/Documents/Consumers/PI-207.pdf

legally only the owner can access the reports. Only reason an insurer or lender can pull the reports is because they were given express written permission by the insured/owner on the insurance application or the mortgage application.

Here is my gut instinct..................you have already shared too much with parties that have no legal right to see or hear what information you have.

I suggest you read the bottom of the application you had the named insured sign & see what it says about what information the carrier will obtain & who can see it.

 

[CANMan]

Thank you so much. Fortunately, there was no information shared, nor was any info provided to any parties that I am aware of. Are hoa homeowners who pay the insurance entitled to see the report? I understand its between the bod and owners.

 

[NormMitchell]

Thank you so much. Fortunately, there was no information shared, nor was any info provided to any parties that I am aware of. Are hoa homeowners who pay the insurance entitled to see the report? I understand its between the bod and owners.

The short answer is yes, homeowners do have the right to review most documents. The apparent issue with your particular situation appears to be that your friend or other general members of the HOA are requesting information directly from you. Your relationship is between you and the HOA board members. In addition, from your comments, the board has referred the situation to their attorney and he/she is advising not to share the documents with the member. This removes you from the equation, but you do need to let the insurance carrier know what is going on. If you haven't shared any information with the other parties I don't believe you have an E&O exposure, but it might be a good idea to run things by them also just to put them on notice. As for your friend or other HOA members who are asking you to share information, you must direct them to the HOA board. Get yourself out of the middle of this dispute and let the Board and membership fight it out if they want to pursue litigate things. Good luck to you.

 

[Allen Trent]

Are hoa homeowners who pay the insurance entitled to see the report?

No. not unless the HOA board expressly says they can. Board or whoever is expressly given board power to act on HOA behalf is the only ones "entitled" to interact.

If you get a call from a teen driver or a adult driver on an auto policy who is not a named insured, do you think you are allowed as agent or carrier to tell merely a driver if a policy is active, what the coverages are, claims history. the answer is no, you cannot divulge any information to anyone other than a named insured unless you have been given permission by named insured or if you have been ordered by a court to do so