As a result of an earthquake a residential condominium insured under a Bare Wall policy suffered significant damages and may be considered a total loss. However, there are individual unit owners insured under Dwelling policies (DP1, DP2 or DP3) whose apartments did not suffer damages or have partial damages.
If the condominium is declared a total loss under the Bare Wall policy do we have to pay under the dwelling policies even if no damage to the unit is present?
Puerto Rico Subscriber
Here's what the provided condominium association's building and personal property coverage form states about bare walls coverage:
All Other General, Procomunal and Limited Common Elements of the Condominium as described in Article No.11, No. 11-A and No.12 by the Law of Condominiums, created by Law No.104 of June 25,1958, and amended by Law No.103 of April 5, 2003, except land. But Common Elements do not include items of real property owned only by a unit- owner.Coverage within individual units is provided on a bare walls, bare floors and bare ceilings basis. Furthermore, Common Elements do not include personal property owned by, used by or in the care, custody or control of a unit owner.
Further, personal property of others is only covered if it is in the insured's care, custody and control. It has been determined by courts that the property of an individual-unit owner is not in the condo association's care, custody or control if it is located within the individual unit itself. Therefore, there would be no coverage under condo association's policy for the personal property of the unit owner located in the individual unit.
The coverage will apply to the bare walls of each individual unit, but if there is no damage to the individual unit then there would be no coverage. The individual unit owners did not suffer any damage that would be covered by their dwelling policy since the earthquake damage did not affect the individual unit owners. Rather, the unit owners have simply been put out of a place to live, the same as what would happen if there were a fire in the building.

