Condo insurance and water leak into neighboring unit

[Maggie11]

From dollar one a paid negligence claim goes against your insurance record.



The only way I can think of for that to happen is if your CC&Rs (condo docs) hold you responsible to any damage to others regardless of fault. Check your CC&Rs for that possibility.

Hello, I am having a similar issue. My toilet leaked into the ceiling of the neighbor downstairs. I had the toilet fixed the same day and paid a lot because the neighbor called the plumber and said it was an emergency even though I had located the leak and put a bucket to catch any drips while waiting for the plumber. My insurance agent told me that I am not liable for the damages to their ceiling because a leaky toilet does not make me negligent. He also advised me not to pay anything to them because it would be an admission of guilt and would set a precedent for future issues and/or leaks. I told the homeowner to have his insurance company call mine, per my agent. He refuses and is threatening me with legal action. He is bordering on harassment with phone calls, visits, emails and letters. I feel bad, but my agent specifically advised me not to pay anything. Our property manager is weak. The owner emailed him, and he responded that I am responsible, so I asked him for a copy of the CC&R to support his claim. Is there any particular language I should look for? Does it need to be clearly stated? Should I forward a copy of the email to my agent once I receive the CC&Rs?

 

[adjusterjack]

My insurance agent told me that I am not liable for the damages to their ceiling because a leaky toilet does not make me negligent.

Correct.

He also advised me not to pay anything to them because it would be an admission of guilt and would set a precedent for future issues and/or leaks.

There are ways to settle a disputed claim without any admission of liability.

But, yeah, go with what your agent says.

I told the homeowner to have his insurance company call mine, per my agent. He refuses and is threatening me with legal action. He is bordering on harassment with phone calls, visits, emails and letters.

You can block his calls and emails and ignore his letters and tell him you'll take out a restraining order if he keeps bothering you. Then do it if you have to.

Our property manager is weak. The owner emailed him, and he responded that I am responsible,

Your property manager is clueless.

I asked him for a copy of the CC&R

Where's your copy? You should have gotten a copy as part of your purchase.

Is there any particular language I should look for? Does it need to be clearly stated?

Yes. It would have to state that you are responsible for damage to others regardless of negligence.

Should I forward a copy of the email to my agent once I receive the CC&Rs?

No.

However, if the other owner keeps pushing, report it to the insurance company's claim department, not your agent. Your agent should have nothing to do with claims and really shouldn't be advising you. That's what claims adjusters are for and your policy does require you to report this kind of thing so they can handle defending you if it becomes necessary.

If you can get a digital copy of the CC&Rs, feel free to upload them here.

Oh, no need to start your own thread. It's the same topic. Though knowing your location would be helpful.