Definition : Insurance - Claims adjuster

A co-owner accidentally broke down the garage door with his vehicle. This needs to be changed completely. His insurer offers to compensate us only partially. This one offers us to pay 90% of the bill because of the depreciation. Question: Are we required to accept this proposal? Answer: Technically yes. The basis of a claim for compensation as a result of damage caused by a co-owner to the common or private parts is civil liability, which may be "contractual", in the event of a breach of an obligation contained in a contract (for example: the declaration of co-ownership), or "extra-contractual" if the fault alleged is the breach of an obligation provided for by law generally governing relations between individuals.

L'avocat émérite et secrétaire général du RGCQ, Yves Joli-Coeur aborde dans cette vidéo des réclamations  pouvant survenir en copropriété. 

After a water damage, the ultimate goal of the syndicate and its co-owners: to find themselves in the same situation as they were in before the disaster took place. Due to its legal structure, the rehabilitation of common and private portions can be particularly complex in a divided co-ownership. Therefore, it should be taken care of by a qualified entrepreneur in the field. Situations vary from claim to claim, depending on the parts of the building affected, the extent of the damage and the source of the water, which may be clean or contaminated. This stage usually consists of four phases: 1) Emergency work, 2) Damage assessment 3) Compensation 4) Rehabilitation work.

Le fonds d’auto assurance est affecté au paiement des franchises prévues par les assurances souscrites par le syndicat et d'un montant additionnel raisonnable Questions : Qu'est-ce qu'un montant additionnel raisonnable? Comment fait-on pour connaitre la somme additionnelle? On doit se fier sur quoi exactement pour définir la somme additionnelle?

Your co-ownership is exposed to various risks, as an example, fires, water damages, theft and acts of vandalism, which are required to be insured against. When a loss occurs, the insurance of a co-ownership covers the building as well as the general liability of the syndicate of co-owners. For the syndicate, subscribing to this type of insurance is mandatory. The law and most Acts of co‑ownership require it. The insurance contract specifies the coverages offered, as well coverage limits and exclusions, in addition to the deductible amounts.

Mathieu joined Crawford in 2009. He has 18 years of experience in the insurance field. First hired as a property and casualty insurance agent, he then became a claims adjuster, an expertise he refined within independent claims adjuster firms. He handles files related to divided co-ownership properties as well as general liability, mainly for files concerning syndicates of co-owners and their administrators. His first experience with a divided co-ownership property was a significant loss (over $750,000), when a dishwasher caught fire in an apartment on the 16th floor of a high-end residential tower. Since then, he has taken interest in the issues divided co-ownership losses entail.  In fact, he received training in this area from Emeritus Lawyer Yves Joli-Coeur.

Une nouvelle réalité frappe plusieurs syndicats de copropriétaires au Québec: la perte de leur assureur, et l'obligation, dans plusieurs cas, de se tourner vers le marché de l'assurance secondaire, où les primes et les franchises sont prohibitives.

Gérer un sinistre ne se résume pas à appeler son assureur et attendre la suite des choses. En cas de sinistre, seriez-vous prêt à y faire face?

Co-ownership claims are numerous: water leak, water damage, vandalism, fire, etc. If the loss affects the common and private portions of the co-ownership, it is up  to the board of directors to take care of the claim of loss with  the insurer of the syndicate and the repair of the latter. Effective management of a loss requires the implementation  of prompt and effective actions so that your building is repaired in the best delays. This article is a summary, of the precautions to be taken and a check list of things to do once you become aware of a loss, whether in a private or common portion of your immovable.  

After being victims of a loss, the members of the board of directors and the affected co-owners are often caught off guard. How will things unfold? There is no need to worry or panic, because in principle, once the notice of loss completed, various stakeholders get involved: the insurer of the syndicate, but also that of co-owners and lessees, who will respectively designate their own claim adjuster. Generally the co-owners affected by a loss, as well as the syndicate, believe that making a claim is always the right thing to do. This is true in many cases, but sometimes the syndicate might want to refrain from doing so.  

In the event of a claim, the insured, whether a co-owner or a syndicate of co-owners, must declare its occurrence to his insurer. The latter will generally appoint a claims adjuster who will guide him through the steps of the claim. The claims adjuster may also be mandated by syndicates of co-owners. This reality is even more true because of the importance of the insurance deductibles, sometimes unreasonable, that they have to bear, leaving them with all the responsibility of managing the loss. Investigating the circumstances of a disaster, assessing the damage caused by a claim and negotiating a settlement are the three key functions of this certified professional.  

The concept of water damage refers to the damage caused to property by the action of water: it can be a pipe that bursts because of the frost, the drain pipe of the washing machine that breaks or the bathtub that overflows. Often impressive, water damage is probably the most recurrent problem in co-ownership. As proof, over the past ten years, the proportion of this type of loss has more than doubled. They thus represent the first cause of loss. They are also becoming more and more expensive, whether for syndicates or their insurers. In order to manage the consequences of water damage upstream, you will find below sub-sheets dealing with this issue.    

Water damage is the leading cause of loss in co-ownership. They are also becoming more and more expensive, whether for syndicates or their insurers. And this is not surprising since the potential causes of loss are numerous. Over the past decade, the proportion of water damage has more than doubled in co-ownership.  In order to limit the extent of damage caused by water leaks, water leak detection systems have been created to detect any abnormal amount of water on the floor. This type of system also ensures the automatic closing of the main water inlet of the apartment. The objective is to be able to stop the source of water supply as soon as a leak is found.

Water damage has just occurred in my private portion. Question: Should I call my insurer, my plumber or my lawyer?