Definition : Insurance - Loss

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

The occurrence of a disaster is never good news. Significant water damage is likely to cause lasting damage within the building (e.g. fungal developments inside walls and ceilings). There is no miracle solution to avoid water-induced disasters. However, considering their impact on the budget of a co-ownership, prevention measures must be put in place to monitor components and equipment more at risk. To limit the risk of disaster, especially water damage, some good resolutions are to be made on a daily basis.  

The main causes of water damage include flooding, sewer backups, broken pipes and leaky plumbing fixtures, poor maintenance and changing weather conditions. A construction or design defect can also be the cause of water damage: for example, a defect in the tightness of the construction, a poor design of the drainage networks, a counterspend of balconies or sidewalks. In most cases water damage affects equally common and private portions, thus it is one of the most complex loss to adjust.  

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?

Le coût des matériaux de construction a augmenté considérablement depuis mars 2020, date du début d'une pandémie qui n'a pas dit son dernier mot. Cela pourrait jouer des tours à certains syndicats de copropriétaires, dont l'immeuble pourrait se retrouvé sous-assuré en cas de sinistre.

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.  

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.

A co-owner has repeatedly caused several water damages  in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance.   Question:  Can the board of directors claim the full amount from the co-owner who caused the loss?

The transfer of ownership will take place at the signing of the deed of sale, as well as the taking of possession which usually takes place on the same day. In return for the payment of the sum agreed to the seller, the buyer will have the full enjoyment of the property sold. In addition, during the transfer of ownership, the seller transfers all the risks associated with the building. In this regard, the deed of sale usually includes a risk transfer clause which stipulates that once you have signed the deed of sale, you become responsible for the risks and losses related to your newly acquired property. It is therefore important to take out the necessary insurance (such as home insurance) from day one.

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