Liability lapsed

by Guest » Sat Aug 26, 2006 12:14 am

Hi there,
I hope I'm posting in the right place.

I live in Ontario Canada and used to run a business in
2004-2005. I worked as a subcontractor for a property
management company responding to their service calls and
such, like a super would do.

During this time I had a million dollar liability insurance
with ING (Custom Edge) business insurance.

During this time I had a tenant who was dangerous to the
property and to herself, move in. She left the stove on, plugged
all the sinks/tub/toilet, kept the apartment at 30 degrees and destroyed her hot-water tank. I explained her situation to the property manager and suggested to have her evicted. He made no move to do so. She constantly plugged her toilet so bad that even the plumber refused to clear it. Also her home stunk.

In december the police were called to her apartment as she had abducted her child from her parents and was subsequently placed in a psych ward by her parents.

A week later her toilet was leaking, my employee and plumber entered her unit to fix the leak. They kept the hall door open for fresh air.

Finally, during a cold winter day I received an emergency call that her unit was flooding, that the toilet was frozen solid and the pipes frozen.

We contacted the parents who claimed they had been there earlier but made no mention of frozen toilet or pipes.

My best guess is they tried to air the unit out to clean it and came back and found everything frozen so they couldn't clean it and left.

I left a full report with the management company, which was subsequently kicked off the property later for non-performance.

This happened in January 2005.

Since then I have allowed my insurance to lapse as I am no longer
running my own business (it is not closed, just not operating.)

Now the condo's insurance company is looking to charge someone (100k) for the damages, contacted the previous management company for pointed their finger at me.

I am expecting a claim to be brought before me.

What should I do? :?: :?:

Total Comments: 4

Posted: Mon Aug 28, 2006 07:15 am Post Subject: Let me try !

hi there....sometime back I had gone thru some important condo data relating to problems like yours....lemme go thru them once more n see if I find a solution to your dilemma !

Andrew Davies

Posted: Wed Aug 30, 2006 07:54 am Post Subject:

Its for sure that different states have different laws for cancellation of such policies by insurers but I firmly believe that some criteria needs to be fulfilled in order to cancel such a policy. For instance, I believe for a home owners policy or a condominium policy, if your policy is in effect for less than sixty days your insurer needs to show you the reason for cancelling it. Now my question is has he done that formally ??
Once you've stopped paying premiums you should have been served with a 10 days notice.
Have they done that ?

Posted: Wed Aug 30, 2006 09:21 am Post Subject:

Its worth a pitying situation, no doubts !
Whether you or the condominium association are responsible for this incident, the cards are more likely to get turned against you. In any premises liability case, two things need to get established for sure. They are:

(i) You need to furnish evidence that the property was mishandled or defected and,
(ii) that the tenant had sufficient time to understand the conditions.

And perhaps for your case she should also be in state of understanding that basic logic behind it. So I truely feel sorry for you but I'm sure you would need to consult an attorney rather than the public forums !

Posted: Wed Aug 30, 2006 12:34 pm Post Subject:

My friend I surely have something new n different for you. Recently I have come across a piece of news suggesting to apply for a program that may work towards retaining and reinforcing the lapsed policies. I'm sure you won't waste your time anymore and rush to consult your agent right now !

Regards Yvonne

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