An hoa owner requested the insurance loss history

[Policy Monkey]

I have not been allowed to see it. I would share if, but the board and lawyers are threatening me.

Interesting scenario. In 12 years as a Florida agent, I've never been asked that, but I could see why a unit owner would want it. I say your next call should be to your agency's E&O carrier to see what you are or aren't allowed or supposed to do in this case. Especially if you have received any kind of threat, demand or warning from either party (board or unit owner).

 

[marindependent]

This sounds like a great client.

 

[Allen Trent]

What in the world is wrong with you? The HOA works for the members. Get off your high horse and provide it

If the HOA member is not listed as a named insured or additional insured, I would assume you are not able to share the policy information or loss history unless the named insured gives permission to do so.

 

[CANMan]

Thank you. Since he is an owner and the loss run is what their insurance fees are based on, do owners have the right and what do I tell the owner as to how he can get access to it. Really appreciate your input.

 

[adjusterjack]

I get it. You're the agent for the HOA master policy and a homeowner wants the association's loss runs.

You have no obligation to that homeowner. It's between him and the HOA board.

Not your circus, not your monkey.

 

[NormMitchell]

I get it. You're the agent for the HOA master policy and a homeowner wants the association's loss runs.

You have no obligation to that homeowner. It's between him and the HOA board.

Not your circus, not your monkey.

I agree if you are the agent for the HOA, your relationship is with the HOA Board, and you should reply to the Board and let them handle it. Especially if they have an attorney advising them. Like Adjusterjack said, "Not your circus, not your monkey." You need to make the carrier aware of what is going on and let them and the HOA/attorney work through things. There is more going on here than you are aware of. Get out of the middle of it and let the unit owner/s know that you are the agent, and you report to the HOA Board. You can let them know you've made the Board aware of the situation and beyond that, they need to take it up with them

 

[CANMan]

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?

 

[Policy Monkey]

As an agent, you are not at liberty to share anyone's claims history with anyone else, with the exception of a potential new carrier.
What's more concerning to me is your mention of a legal demand from the homeowner, and your separate mention of threats from the board's attorneys. Either of those should immediately trigger a call to your E&O to determine your rights and/or obligations.

 

[CANMan]

Yes, its concerning to me as well. I think I know whats going on and its not good.

 

[Allen Trent]

Thank you. Since he is an owner and the loss run is what their insurance fees are based on, do owners have the right and what do I tell the owner as to how he can get access to it. Really appreciate your input.

That isn't your issue. Your issue as insurance agent is only to communicate with named insured, additional insured, etc. IE- parties to the contract. If someone brings me a copy of a car title & asks for the billing history of your client that insures thar car, you would be in violation of privacy, etc to share details with any party of than the named insured or anyone they gave you express consent to share with. If the HOA wants to share what you give the HOA, that is their prerogative. Unless ordered by a court or regulatory agency, I wouldn't share anything about a policy with anyone other than named insured. An HOA as a named insured doesn't mean every lot owner is the HOA. The elected board or who they appoint in writing handles the affairs