If the HOA and 2 board members are being sued in a lawsuit for negligence to maintain the common area and the 2 board members for wrongful acts and the 2 board members are found guilty of wrongdoing. Would the HOA be covered for the damages by the Insurance company or would Insurance company deny the claim for the wrongdoing of the two board members?
This suit is for damages from water intrusion which was denied by insurance for negligence to maintain the exterior which mold was found at that time. Board didn't try to fix exterior for over a year and a half with water continuously coming in with mold and still leaks after siding repair which is now another year and a half of leaking. Other leaks have occurred during this time causing more damages including all the damages to the unit from over 3 years ago.
So if the board members are guilty does it allow the insurance company out of paying any settlement or court order? Could the HOA still be covered and not the board members?
Just asking to see if anyone has a knowledge of this situation. Opinions could help too.
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