You asked us to compare certain sections of Connecticut's and New York's law about the obligation of condominium associations and unit owners to maintain insurance.

Connecticut requires condominium associations to maintain (1) property insurance to protect against loss to the common elements of the property and (2) liability insurance, including medical payments, to protect against death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements of the property (CGS 47-255(a)).

The insurance policy must (1) designate each unit owner as an insured with respect to liability arising out of his or her interest in the common elements of the property, (2) provide that the insurer waive its right to subrogate under the policy against any unit owner or member of his household, and (3) specify that if, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk, that the association's policy provides primary coverage (CGS 47-255(d)(1), (2), and (4)).

New York requires a condominium's board of managers to maintain insurance to protect the property against damage or loss by fire and other hazards if the declarations, by-laws, or a majority of unit owners require it (NYS, RPL, Art. 9-A § 339 bb). The policy must be updated annually so that the amount of coverage equals the full replacement cost of the condominium.

The law specifically gives each unit owner the right to insure his or her unit for his or her own benefit.

The statute does not require the insurer to waive any right of subrogation it may have under the policy against a unit owner nor does it make the policy covering the building primary. These contingencies may be determined by the policy itself, either through a subrogation clause, a coordination of benefit provision, or both.

Another distinction between the Connecticut and New York law is that New York appears to require the board to buy insurance that covers the entire condominium (common elements and individual units), while Connecticut requires the association to buy insurance that covers the condominium's common elements.

JH:ro