@scotlandx said:
If damage is caused to someone’s property by common property, then the OC is liable for the damage. Whether or not it has been “maintained” is irrelevant. There are many cases where you don’t know something is wrong until things go awry.
The OC generally has to shown to be negligent to be liable, but their insurance might cover the situation regardless.
@scotlandx said:
We had strong winds that brought our awning down and our insurer accepted that claim, strange that Keep Calm’s insurer is making a distinction.
The distinction is that the OC’s insurance will most likely cover storm damage to its own property. It’s any subsequent damage to other property as a direct result of the storm where they might not be liable.
In my involvements with our OC insurers, I’ve generally found their assessments to be pretty accurate in these matters. They might be wrong about the lack of negligence but they usually get it right. And it seems that Keep Calm’s own private insurance company came to the same conclusion – because they could also try recovering their costs against the OC.
So for the OC to be liable, two insurance companies have got this wrong, which I admit is not impossible!