Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 26, 2013

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Insurance Question from Vista, CA

Asked on 07/26/2013

Accidently Bathroom sink overflow. Will it be covered by my Condo Inusrance I own an upstairs condo in CA. I was going to clean hairbrush in sink, put in plug then phone rang. My sink overflowed to the downstairs condo.When I see this, I immediatedly turned off water, threw down towels to soak up water on my carpet and put fans all around to dry out. so really no damage to my condo but the downstaris condo did.The downstairs already called their insurance ageny. Do I need to call my insurance too? Will my condo insurance cover this? I put in a claim a year and half ago when my toilet misfunctioned and did the same thing downstairs and my insurance paid for that claim

Answer given on July 29, 2013

If your sink overflowed and damaged the downstairs condo unit, your insurance will pay for the damages to that unit, if you were considered negligent. The unit owner downstairs is apparently going through their insurance company. That company will cover their damages and will then probably subrogate against your insurance company. You should report the incident to your insurance company so they will be prepared.This being your second claim on your policy, your insurance rates can go up. It should not be adverse to your insurance policy, such as a threat of non-renewal, since the previous claim was not really negligence on your part, but a malfunction. However, you may want to talk to your insurance agent and confirm this will not be a problem with your insurance company. If they think it might be, you may want to see how much the damage is to the downstairs unit and possibly pay for it yourself.


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