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: Aug 29, 2013

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Insurance Question from Denver, CO

Asked on 08/29/2013

I have a rental home that a toilet overflowed all night while the tennant was asleep .I only have the hazzard insurance required by the lender.Can i m I have a rental home that only has the hazzard insurance required by the lender.A toilet overflowed all night damaging the floor & cieling, can i make a claim?The tennant is elderly & uninsured.

Answer given on December 17, 2013

An overflowing toilet is considered a sudden and accidental loss, even if the tenant was in the home at the time of the loss. It is usually not considered a negligent act by the tenant.If you have a loan on the property your policy should include coverage for this type of loss, less your deductible. Contact your agent or insurance company and file a claim. The policy should pay for the damage to your unit. If there was damage to a unit below you, then your insurance company may agree to pay for those damages too, but since it was not a negligence claim, they could deny the damages downstairs.A claim could increase your insurance rates, but depending upon the damages to your unit, it may be well worth it to file a claim. Water damage can be very difficult to repair, so be sure to have the entire area checked out.


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