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N Cal Atty
N Cal Atty, Lawyer
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Is it legal to submit the same claim to your personal insurance

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Is it legal to submit the same claim to your personal insurance provider and the HOA where the loss occurred? The property where the loss occurred is located in California.
Yes it is legal.

However, if your insurer pays the claim, it would have what is called a subrogation claim against the party responsible for the loss.

There are many situations in which more than one policy covers the same loss. Insurers put 3 basic types of clauses into their policies to handle this problem.
1- There may be an escape clause that eliminates coverage for a loss covered by another policy.
2- There may be a "pro rata" clause that says the insurer will share the loss with any other valid and collectible policies.
3- There may be a subrogation clause.

However, even in the absence of a subrogation clause, the Courts have given subrogation rights to insurers who pay property damage claims.

In general, there is no rule against presenting the claim to more than one insurer.

I hope this information is helpful.
Customer: replied 5 years ago.
Thank you - to be clear, it would be legal to package up all of the bills associated with damages and loss and submit them to the HOA , if the HOA insurance provider did not request evidence of my insurance or execute the options identified in numbers1-3 above, and decided to pay the claims, this would be acceptable (legal). Apparently other neighbors submitted to both HOA and personal insurance and were paid by both. Before proceeding, I want to ensure it is legal. Thanks
Yes, it is legal to present claims to both insurers.

This is not a case of double insurance. The Insurance Code states:

590. A double insurance exists where the same person is insured by
several insurers separately in respect to the same subject and

There is no prohibition on double recovery because you are not the named insured on both policies. Any limits on double recovery would be contained the policies, but there is no general law against submitting claims to both insurers in the situation you described.

I hope this information is helpful.
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