Robert M. Meisner: Retain attorney and pursue insurance carrier

Jul. 17—Q: Our association is having a problem with our insurance carrier regarding a repair which they are responsible for under our policy.

The carrier is saying that they are only responsible to provide coverage for repairs and replacements with comparable material, and it is not responsible for providing repairs and replacements that would affect the appearance of the property. We are about to hire a lawyer, but what do you think our response should be and is it worth pursuing?

A: Yes, unfortunately this is the attitude of certain well-known insurance companies trying to extricate themselves from their responsibilities as inexpensively as possible.

Fortunately for you, you have the precedent of a U.S. district court case in the Southern District of Ohio, which held that insurers in that state are responsible for providing coverage for repairs and replacement that result in a reasonable comparable appearance to the pre-damaged condition, even where policies only provide coverage for repairs and replacement with comparable materials.

I would retain an attorney and pursue your insurance carrier, and perhaps, recognize that this insurance carrier, even though widely well-known, is a company that should be replaced.

Robert M. Meisner is the principle attorney of The Meisner Law Group, based in Bingham Farms, Michigan — which has provided legal representation for condominiums, homeowner associations, individual co-owners and developers throughout Michigan — including Grand Traverse, Leelanau and Emmet counties — for nearly 50 years. His book "Condo Living 2: The Authoritative Guide to Buying, Owning and Selling a Condominium" is available at www.momentumbooks.com. He can be reached at 800-470-4433 or [email protected]. Visit the firm's blog at www.meisner-law.com/blog.

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