PERSONAL PROPERTY DAMAGE

[KELL]

I CURRENTLY RENT A HOUSE WITH MY HUSBAND AND TWO CHILDREN. IN THE MIDDLE OF THE NIGHT A PIPE TO THE OIL BURNER BROKE AND HEATING OIL SPILLED THROUGHOUT THE BASEMENT. IT DESTROYED ALOT OF OUR PERSONAL BELONGINGS. MY RENTERS INSURANCE SAYS IT DOESNT COVER CONTAMINATION. HIS H/O INSURANCE SAYS IT DOESNT COVER MY PERSONAL BELONGINGS.THE OIL COMPANY SAID THEY ARE NOT RESPONSIBLE BECAUSE IT WAS NORMAL WEAR AND TEAR ON THE PIPE.SOMEONE SHOULD BE RESPONSIBLE AND IT SHOULDNT BE MY HUSBAND AND I. IS MY LANDLORD RESPONSIBLE??? THIS SO STRESSFUL ON US. WE LOST ALOT OF STUFF.

 

[LL]

I don't really know the answer to your question, but I am curious:

How did you come to the conclusion that "SOMEONE SHOULD BE RESPONSIBLE AND IT SHOULDNT BE MY HUSBAND AND I. " ?

 

[KELL]

i responded that way because the oil burner nor the pipes that are connected to it are not our responsibility. i pay a monthly rent not a mortgage.therefore if the pipe breaks due to normal wear and tear, the landlord should be responsible b/c he didnt maintain it the way he should have. the landlords insurance paid for everything else except our stuff.

 

[dj1]

Well YOU should contact your insurance company and let them PROVE to you where your stuff isnt covered due to contaminants....

Where does it say that in your Renters insurance?

If its NOT there then contact you State Insurance commissioner and file a complaint saying YOUR insurance company is trying to commit Insurance Fraud on you, and you will get some action fast!

 

[LL]

Landlord's insurance probably paid because he is covered against such damage above and beyond any liability.

What did he do wrong in that he didnt maintain it the way he should have?

My point here is that the landlord is not responsible unless he was negligent. If, as you say, the pipes burst because of normal wear & tear, then if you had no warning that there was a problem, then it is even less likely that the landlord knew that there was a problem, because he doesn't live there. If the pipes failed because of normal wear & tear, and the landlord had no knowledge of a problem, how was he negligent?

That you pay rent instead of a mortgage is not relevant here.

How do you maintain oil pipes, anyway?

[Edited by LL on 03-05-2001 at 10:47 AM]

 

[KELL]

THIS LANDLORD DOESNT MAINTAIN ANYTHING IN THE HOUSE. HE HAD A SERVICE CONTRACT ON THE BURNER (WHICH WE LATER FOUND OUT HE NEVER PAID)SO IF HE WOULD HAVE HAD THE CONTRACT IN EFFECT THEY WOULD SCHEDULED MAINTANENCE CHECKS ON THE BURNER.THIS IS NOT THE FIRST PROBLEM THAT WE HAD WITH THE BURNER. THE FACT OF THE MATTER IS. WELOST ALOT OF THINGS AND LIKE I SAID MAINTAING THE BURNER IS NOT OUR RESPONSIBILITY. ITS HIS!!!

 

[LL]

Thanks, but I still don't understand what makes him responsible for doing maintenance when he doesn't know that there was a problem.
Having a service policy on the burner that he did not take advantage of, is not the same as having a responsibility to do maintenance.
Besides, I thought that the problem was the pipes and not the burner that the pipes were connected to.

I offered you my advice as I see it, which is what I thought that you wrote in for. A real estate column just in yesterday's Los Angeles Times discussed a problem where a garage door broke and damaged a tenant's car. The tenant's insurance company paid for the damage and the tenant wanted the landlord to reimburse him for his insurance deductable. The column pointed out that the landlord is only liable if he was negligent, and that he had no notice of a problem, since that tenant wasn't aware of any problem and the landlord less so, because he doesn't live on the premises.

I have shared my experience with you, generously and for free. You're welcome.

 

[dj1]

KELL WILL YOU STOP POSTING IN CAPS

AND ANSWER THE QUESTION..DUH

My renters insurance would cover that damage why wont yours?

As long as my landlord said it was ok to store stuff in the basement then it is covered.

YOU have to read your policy and prove to us you are not covered. Contaminants is that word in your policy?

So quit BITCHHIN and start reading!

 

[KELL]

dji, god your so harsh (ha ha) i will check my policy and let you know. why do the caps BOTHER you so much??
thanks for the info. i didnt even really check my policy i just called my agent who is supposed to be a friend. check with me tomorrow!! kell

 

[KELL]

dj1, well i read my policy and the only time it says the word contamination in the whole policy, it is listed in nuclear hazzard, then it says "meaning any nuclear reaction,radiation,or radioactive contamination,all whether controlled or uncontrolled or however caused, or any consequence of any of these".......... this is listed under the part of the policy that says losses not insured. when i spoke to my agent when this first happened, he used the example that , "lets say my car is parked in the street and someone is painting a building and a can of paint falls on the car. i wouldnt be covered b/c that is contamination too." now what???? thanks, kell

 

[dj1]

The agent doesnt know squat! If a can of paint falls on your car the person or company which hired that person is liable, and your auto comprehensive will cover the damage.

Tell the agent you want the forms to file a claim aginst the insurance company for your losses, and remind the agent he works for YOU and you will report him to the insurance commisioner of your state and to the insurance company he works for if he fails to submit your claim.

You have copies of the pictures, an itemized list of damages, let the insurance company decide what is covered NOT the lame brained agent.

Thats what you pay insurance for to protect your property.

 

[KELL]

dji, hey how are you? i just got off the phone with the main office of my insurance company. the guy that i spoke to told me that it isnt covered b/c oil isnt covered under the list of named perils on personal property. fire, lightening,smoke etc: but not oil. now what? thanks, kell