Can a Strata Corporation sue and claim against its Strata Owner for damaging negligently the carpet of the Common Property?
1/ No, a Strata Corporation cannot sue and claim against the Strata Owner.
2/ Condominium Act requires a Strata Corporation to insure the Common Property against fire and other perils.
3/ A Strata Corporation (an insurer) can make a claim on its insurance policy, not against a Strata Owner.
4/ A Strata Owner is a beneficiary (an insured) under the insurance policy.
5/ An insurer (Strata Corporation) cannot claim against the insured (Strata Owner). In this case, a Strata Corporation must bear the loss.
6/ However, a Strata Corporation may sue a negligent Strata Owner for the deductible portion of such insurance claim.
1/ No, a Strata Corporation cannot sue and claim against the Strata Owner.
2/ Condominium Act requires a Strata Corporation to insure the Common Property against fire and other perils.
3/ A Strata Corporation (an insurer) can make a claim on its insurance policy, not against a Strata Owner.
4/ A Strata Owner is a beneficiary (an insured) under the insurance policy.
5/ An insurer (Strata Corporation) cannot claim against the insured (Strata Owner). In this case, a Strata Corporation must bear the loss.
6/ However, a Strata Corporation may sue a negligent Strata Owner for the deductible portion of such insurance claim.
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