Condo Assoc Insurance Deductible- who is liable

[PaulaF]

Pennsylvania-

I own a condo and have my own policy, plus the Association has a policy.
My upstairs neighbors had a leak in their bathroom which caused $10,000 worth of damage to my condo.

The Associations policy covered the damage minus their $1000 deductibe.
At first, my insurance adjuster said my personal policy would act as secondary insurance and I would just need to pay $500, since that is the deductible on my insurance policy. Now they say that they are not paying the $500, so I need to cover the $1000 deductible.

I feel that the owners of the above unit should pay the $1000 deductible. I have sent them a letter and would like to file in small claims court. Would i have a case against them? I do have in writing from my condo association that the damage was caused by the unit above me.

 

[HomeGuru]

Pennsylvania-

I own a condo and have my own policy, plus the Association has a policy.
My upstairs neighbors had a leak in their bathroom which caused $10,000 worth of damage to my condo.

The Associations policy covered the damage minus their $1000 deductibe.
At first, my insurance adjuster said my personal policy would act as secondary insurance and I would just need to pay $500, since that is the deductible on my insurance policy. Now they say that they are not paying the $500, so I need to cover the $1000 deductible.

I feel that the owners of the above unit should pay the $1000 deductible. I have sent them a letter and would like to file in small claims court. Would i have a case against them? I do have in writing from my condo association that the damage was caused by the unit above me.

**A: you would pay the deductible because it is your insurance policy. You have a right to subrogate and go after the unit owner that caused the problem.

 

[PaulaF]

It was actually paid under the Association's policy, not mine. I don't know if that makes a difference.
By subrogate and go after the other owners, do you mean take them to small claims court?

 

[Oakboc]

Codo Dedutible

You should request that the deductible be paid out of the condos reserve fund. Many condo associations allow for this..

 

[You Are Guilty]

Depending on the actual source of the leak (i.e. something the neighbor was responsible for inside his unit or, say, a pipe in the floor), there's a very good chance the association has no requirement whatsoever to pay for the deductible.

The OP pays it himself then demands payment from the neighbor, and if none is received, sues for it (the subro someone mentioned above).

 

[Oakboc]

Deductible Problems

The unit owner of where the damage originated from can only be held liable if you can prove that they were neglegent. If it was an accidental situation you will not be able to sue for reimbursement. It works just like no fault insurance when condos are involved , if you didn't have insurance you would be SCREEEWED !!!!

 

[DAVIDMCM7]

I have a similar case

I own and rent a condo in Colorado. A management company is taking care of the unit. My water hearter broke and leaked to the unit below. The below neighbor's insurance is coving damages. Am I liable to pay them?

Note: I didn't have insurance at that time

Thanks

 

[savage222]

heating unit

New Jersey

I would like to know if you are the owner of a condo, and do not have insurance, are you suppose to keep a heating unit on during winter time, in the event you go away for a couple of days.

 

[babymakesone]

New Jersey

I would like to know if you are the owner of a condo, and do not have insurance, are you suppose to keep a heating unit on during winter time, in the event you go away for a couple of days.

You need to start your own thread...not hijack one that is months old.