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Question: Real Estate - California

Asked on 11/6/2009
Neighbor's hot water heater burst and flooded my condo. His insurance wont pay. (California)
I own a condo that shares a common wall with another unit (owned by someone else). The other unit had a hot water heater that burst and flooded my unit.which cost me approx $4000 to dry out/repair. I filed a claim with the neighbor's insurance and was declined because "it was a sudden, unexpected event of which our member had no prior notice of a condition. Although unfortunate, it is not the result of negligent activity on the part of our member. Therefore our insured is not legally liable for any loss you incurred." I appealed and asked to see the documentation and evidence they relied upon to make this determination. I received a response that they are under no obligation to share their files with me and the burden of proof is on ME to show their client's negligence resulted in the damage to my unit. Do I have any recourse? I feel that I am the innocent party... and would like to be made whole. The condo assoc insurance also declined me because they only cover damage done by things inside the walls, on the roof etc and this damage was caused by the water heater inside another unit.

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Answers (1):

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The other owner's insurer is probably right.  Damage to other peoples' units are only insured if there is liability.  If the other owner was not negligent or otherwise did something wrong that would make him liable to pay you, then his insurer is not liable to pay you.  They are definitely right that the burden of proof is on you and they don't have to share their files unless you file a lawsuit and make a discovery demand.  This kind of situation is one that YOUR insurance should cover.  You should tender it to them.



  • Answered on 11/6/2009
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