Condo Board Threatening to Sue Owner (me) for $55,000 of Damages Due to Insurance Company not Complying

[anatoly]

Keeping it as brief as possible: my condo had a flange malfunction and it caused water damage to my unit and others under me - it was confirmed in the assessment that this was not in any way my fault, it's about $55k worth of damage. I have insurance on my unit with extended water coverage, as well as the condo corporation has insurance for the building which I pay into through condo fees. So technically I'm covered on both ends and there shouldn't be a problem, which if that were the case I of course wouldn't be in this r/.. although it is clear that this should be covered by insurance, my unit's insurance claims the condo buildings insurance should cover it, and the condo board claims my units insurance should cover it, basically arguing over the wording of an amendment in the declaration. Neither one is budging and we've made little progress for 4 months so now the condo corp is getting pressure to schedule the repairs and threatening me that they have the right to come after me personally for the $55k as per the bylaws. The cherry on top of all of this is that both my units insurance and the condo corps insurance are the same insurance company, so in either scenario Intact Insurance will have to pay, it's essentially a fight between departments within the company however the board and I are the ones doing the back and forth and now they're trying to push it on me personally, it's infuriating.

To me and everyone I've explained the scenario to this is insane, but I'm not a lawyer or insuracne professional, so here are my questions:

1. My units insurance company (Intact) is refusing to send me the internal legal opinion they got that they believe proves it's not on them, but rather on the condo buildings insurance.. are they allowed to withhold a legal opinion on my own claim from me?
2. The condo board has yet to report a claim to their own insurance as they believe strongly that this amendament in the declaration states it falls on the units insurance or the unit holder. Do they not have a duty to report this to their insurance? Can they just get out of that by leaning on the declaration like this?
3. Can a condo board come after and sue one of the owners for large damages related to an insurance claim due to the owners insurance not cooperating?
   
   This is specific to New Brunswick, Canada, so I'm of course open to all thoughts but if there are any NB Insurance professionals out there I would especially appreciate your insight on this, as I'm feeling quite helpless.

Thanks in advance.

 

[jesusislord007]

@anatoly So different province, but check it out. In BC, you as an owner are an insured under your building's policy. Call them up and make a claim. You have a copy of the policy they send it to you every year. Your condo board are being dinks.

With that said, I'm taking Intacts analysis at its word. Here, no one is responsible for damage to your unit except your own insurance without negligence. And even then, they still pay and subrogate. I know other province's laws aren't as clear cut, but I'd start with making a claim through the building insurance.