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Working the risk, vendors, and the marketLesson 31 of 37

Academy/Insurance

Claims reporting

Report first and sort out the details later, because in most policies, delay itself, not the eventual damage, is what can cost the association its rights.

Report every covered loss to your agent or broker in writing as soon as the board learns of it. Most policies set no fixed deadline, but delay itself can jeopardize coverage, and in some states late notice alone can void a claim even without harm to the insurer. Report first, investigate second.

01

Report before you're certain of the damage

Most association insurance policies do not set a specific number of days for reporting a loss. That silence is not permission to wait. Report a covered loss, whether it's water damage, fire, storm damage, or a slip and fall, in writing to your agent or broker as soon as the board learns of it, even before you know the full extent of the damage or the final repair cost.

Waiting to gather more information before reporting is a common mistake, because delay itself, not the size of the loss, is often what puts the association's rights under the policy at risk.

"Acting with little or no delay will help an insured protect their rights under the insurance policy."

Source: Post Loss Compliance: The Duty to Give Prompt Notice, Berger Singerman LLP

02

Why "no deadline" doesn't mean "no risk"

A handful of states go further than simply expecting prompt notice: they treat it as a condition the association must satisfy before coverage even applies. In a state like that, if the board waits too long, the late notice alone can be enough for the insurer to deny the claim, even if the insurer was not actually harmed by the delay.

Whether your state treats prompt notice this way, and what counts as "prompt" under your specific policy, varies. Ask your broker or attorney how your state and your policy define it.

"Under New York law, prompt notice is a condition precedent to coverage."

Source: Notice Clauses in Claims Made Coverage Disputes, Aaron Hall, Attorney

03

If you disagree on the dollar amount, that's a different process

Reporting the claim gets it in the door. It doesn't guarantee the board and the insurer will agree on what the loss is worth. Most property policies include an appraisal clause: a built-in process for resolving a dispute over the amount of a covered loss, not whether it's covered at all. Each side names its own appraiser, and the two appraisers select a neutral umpire to break any tie on value.

This is a different tool from a periodic replacement-cost appraisal some states require the association to commission on a schedule, covered in Insurance appraisals. An appraisal clause only activates after a loss and a disagreement, and it only decides the dollar amount.

"An appraisal clause is a property insurance provision allowing either the insurer or the insured to demand a binding appraisal of damaged property in the event of a dispute as to its value and establishing the required appraisal procedure."

Source: Appraisal Clause, IRMI Glossary of Insurance and Risk Management Terms, International Risk Management Institute

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

The board finds a covered roof leak but decides to wait until the reserve study meeting three weeks later to notify the insurer, since the policy lists no fixed reporting deadline. What's the actual risk?

After a fire, the board reports the loss within a week, but the insurer argues coverage should be denied because notice wasn't immediate. In a state that treats prompt notice as a condition precedent, what decides the outcome?

The insurer agrees a wind damage claim is covered, but the board and the insurer disagree on the dollar amount. What's the standard policy mechanism for resolving that specific disagreement?

Sources

Insurance

Next, learn what your policy actually excludes, so you know what's worth reporting in the first place: Insurance exclusions.

Whether prompt notice is a strict condition of coverage, what counts as "prompt," and how many days you have before other cancellation or nonrenewal rules apply all vary by state and by your policy's own wording.