The unit above mine sprung a major leak under the kitchen sink destroying my property. $20k in damages. He has an LLC but failed to maintain property insurance. During my investigation found that his plumber who 'fixed' the issue twice before has an expired license.
Since he failed to keep insurance, can he still be legally be sheltered by a poorly operated LLC ?
Thanks for any advice.
Brian, Detroit, Mi.
Put in a claim on your insurance , let them deal with who is at fault
The property is located within Detroit city limits, therefore nothing is easy !
I contacted my insurer and apparently they will not cover the damage due to the facts : the damage occurred from a source not located on my insured property, the extent of damage exceeds the market value of the property, they do not cover flooding within city limits due to the high level of fraud.
I have only contacted my insurer once and didn't really pry into getting satisfaction from them.
I guess I'm more interested in going after the other property owner because he is a liar.
Which brings me back to the ins and outs of an uninsured LLC and the legal protection he may or may not enjoy.
A successful claim against your insurance is your only hope. The “responsible” party wasn’t even responsible enough to maintain insurance or use a licensed plumber, so I can’t imagine you would collect anything from him even if you did d get a judgement.
Is the lack of coverage spelled out in your policy? It seems sort of crappy that your insurance company would just dismiss your claim.
As for going after the LLC and owner, get with a lawyer and see what your options are. You can certainly sue both - but you'll need to prove how he is not running his LLC as a real company. Lack of insurance in my mind is a good start. It will cost some $$ to sue, but if you think it's worth it, go for it.
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