Syndicate’s insurer
The insurer indemnifies the syndicate, less the applicable deductible. The insurer can exercise its right of subrogation, if allowed.
To cover the amount of its deductible, the syndicate can:
- Withdraw the money from its self-insurance fund (article 1071.1 of the C.C.Q.);
- Apportion the amount of its deductible 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 responsible party
- Claim the responsible party for the total amount of its deductible (co-owner or third party)
Co-owner’s insurer
Regardless of whether or not the co-owner’s unit is damaged, the syndicate can claim from the co-owner his/her share of its deductible, which is considered a common expense (article 1074.2 of the C.C.Q.):
- The apportionment that results from the application of a deductible is not covered by the co-owner policies suggested by IBC. So this amount must be assumed by the co-owner;
And if a co-owner is responsible
- The responsible co-owner has civil liability coverage for the amounts claimed from him/her.
If any improvements have been damaged, the co-owner’s insurer will cover the claim for that portion.