- Withdraw the money from its self-insurance fund (article 1071.1 of the C.C.Q.);
- Apportion the amount of the insufficiency among all of the co-owners as a common expense based on their share (article 1074.2 of the C.C.Q.);
And if there is a party at fault/responsible
- Claim the co-owner at fault or the third party responsible for the amount of its damages.
Regardless of whether or not the co-owner’s unit is damaged, the syndicate can claim from the co-owner his/her share of the amount of the insufficiency, which is considered a common expense (article 1074.2 of the C.C.Q.):
- The co-owner insurance policies suggested by IBC include coverage for the apportionment in a case of insufficiency.
- If the peril is covered by the policy, the co-owner’s insurer will pay 100% of the apportionment, up to the insurance amount under Extensions of Coverage – Loss Assessment. The share of the syndicate’s deductible will be subtracted. The co-owner must pay his/her deductible.
And if a co-owner is at fault
- The co-owner at fault has civil liability coverage for the amounts claimed from him/her.
Note: It is very important for co-owners to purchase sufficient insurance for all perils to which they could be exposed through apportionment. They should consult the syndicate’s insurance policy to determine the insured perils and coverage limits of the policy (they are entitled to do so under article 1070 of the C.C.Q.).