Re: insurance
From: Daniel Fallon (
Date: Wed, 7 Dec 2005 08:56:17 -0800 (PST)
Leah ...


I am not an attorney.  Nor am I an insurance expert.  

I have an experience of `one.'  

We bought a freestanding house in a cohousing community.  The house was built 
in 2001.  In June of 2005 we noticed that water was coming in around some 
windows, that there was water damage and displacement of the window frames due 
to freezing.  

We went to the builder of the houses and he said ... it doesn't freeze in 
Arizona (despite the fact that we're 5,600 feet high in a national forest on a 
hill of a mountain where it does freeze).  Then the builder said that we didn't 
paint it recently and THAT was why there was water damage (the house was four 
years old).  

Aftef a few efforts at diplomacy I just had an attorney get involved, a 
licensed contractor did an inspection and documented the `latent defect.'  (The 
idiot builder/contractor failed to put metal flashing around the windows and 
other house portals).  We sent the builder a formal notice that this latent 
defect existed.  He filed a claim against his insurance company.  A truckload 
of suits (insurance company inspectors) showed up at our house and did their 
own inspection.

The builder contractor will be repairing the damage, putting the house in 100% 
good cosmetic condition, will be paying all my attorney fees.  

An experience of one.

- Dan
  ----- Original Message ----- 
  From: Leah 
  To: cohousing-L [at] 
  Sent: Tuesday, December 06, 2005 10:40 PM
  Subject: [C-L]_ insurance

  We are being our own developers in a 13 unit coho here in Ashland, Oregon. We 
have recently been told by the builder that the laws regarding insurance have 
changed, and that we may now be required to carry insurance for "latent 
defects". This is supposed to be insurance that would cover potential lawsuits 
if something was discovered to be wrong years after we move in. A phone call to 
an insurance agent tells us that insurance of this type could cost as much as 
1/2 mill dollars, which would guarantee that our project will not happen. Does 
anyone else have experience with this?

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