Master property insurance analysis: who is responsible for damages?

On Wednesday, July 1, my unit sustained extensive water damage as a result of a leak from a damaged flex hose under the kitchen sink (the cause of which is still being determined). The leak has been fixed, but my unit sustained water damage in the following areas (I have included some photos with this email):

• Kitchen: flooring, walls, cabinet shelving, countertop, and cabinetry, including toe-kicks and baseboards

• Living room: flooring, wall and baseboards

• Guest bedroom closet: flooring, wall and baseboards.

A company called ATI has been performing water mitigation services since but at this time my kitchen is practically unusable. Needless to say, I need to have the damages repaired and the flooring replaced as soon as possible. Since I have insurance with Travelers Insurance and I hold a HO6 policy, and the damage starting within my unit, the insurance adjuster is telling me based on the CC&R’s that the HOA insurance policy is responsible. I contacted them and they are of course not allowing me to submit this claim through HOA insurance. They are going to decline it because the problem started within my unit. The insurance adjuster mailed me a check for $72.85 with no explanation of what this was for. A week later I get a 10 page document basically stating that they are only covering paint, some other minor like labor $14.66. Of course the damage is quite tremendous and what I would like to know is the following. Who is actually responsible for the damage that happened within my unit. My HOA has a 10k deductible. They emailed me stating that if a claim is submitted to the Association carrier and coverage is somehow triggered you will be held responsible for the $10k deductible as it was my responsibility to maintain the pipe that failed.

The CC&R the insurance adjuster read is below.

14.1 A master of blanket public liability and property damage insurance policy covering all common areas shall be purchased by the board and directors and promptly as possible following its election and shall be maintained in force at all times, the premium thereon to be paid out of the monies collected from the assessments. The minimum amounts of coverage shall be $1,000,000.00 for personal injury to any one person, $3,000,000.00 for any one occurrence and $5,000,000.00 property damage. The policy shall name all owners insured, including Declarents, during such time as Declarants shall remain the owners of one or more condominiums. The manager, if any, shall also be a names insured on such policy, during such time as his agency shall continue. The policy shall insure against injury or damage occurring both in the Common Area (and within individual unit.) insurance shall also contain a cross-liability endorsement to cover negligent injury by one owner to another.

14.2 The matter of blanket fire insurance policy shall also be purchased by the Board as promptly as possible following its election an shall, thereafter, be maintained in force at all times, the premium thereon to be paid out of the monies collected from the assessments. Said insurance shall insure against loss from fire or any other hazard therein covered, for the full insurable value of all improvements within the Project. Such policy shall contain extended coverage and replacement cost endorsements. It may also contain vandalism and malicious mischief coverage, special form endorsement, stipulated amount clause and determinable cash adjustment clause of similar clause to permit cash settlement covering full value of the improvements. In the event of partial destruction and decision not to rebuild. The policy shall be in touch amounts as shall be determined from time to time by the Board of Directors. The policy shall name as insureds, all owners and Declarant, so long as Declarants are the owner of any condominiums in the Project, and al mortgagees of record, as their respective interests may appear. The proportionate interests of each owner in said proceeds in relation to other owners shall be based upon a ratio of each units “fair market value” to their fair market value of the Project. “Fair Market Value” in both instances, to be determined by an appraiser.

14.2.1 The policy shall cover all units, including but not limited to, insurance such property as well and floor coverings, cupboard, cabinets, fixtures and build-in appliances.Personal property of a unit owner and additional fixtures added by a unit owner, should be insured separately by the unit owner.

From what I understood is that Bylaws should only contain information on how the HOA is governed. A separate policy document is needed that specifies owner vs HOA responsibilities regarding condo and its building. My insurance adjuster never set eyes on our insurance policy. Based on the information I gave you, do you happen to know who is actually responsible for the damage? With my limited educated background in these type of issues, I am thinking it is Travelers Insurance. Not my HOA insurance. I am curios what you all think. Many thanks and I look forward hearing from you all.