Condo l insurance and water damage to neighbor

4 Replies

Does homeowners insurance cover leaks from one apartment into another? I live in a condo. Water leaked from my toilet to the downstairs apartment. Not sure how much but there is at least some sheetrock damage. The neighbor was understandably upset so I’m going to wait for him to let me know the damage. I was looking through my policy and I’m not sure which line item covers the water damage to my neighbors apartment. Building property protection. Personal property protection. Family liability protection

Ask your agent, you should be covered as long as you have decent policy.

@Jacob Stephen

Yes, check with your agent, but generally you should have a liability portion in your policy that would address damages like this. Liability coverage protects you when you do damage to another's property. There still may be exclusions to this coverage, so be sure you are aware of those as well.

Best,

BreAnn

Jacob, 

Typically the downstairs owner would have to establish that you were negligent in order for your liability coverage to kick in for repairs to his unit.  As it stands, it's on his first party insurance until you're determined to be liable, if that happens.  Your negligence would be established in the "why" your toilet leaked, not in the fact that it did.  This can be superseded by state law - I don't think that's the case in NY.  At least it wasn't when I last handled claims there but it's been a couple years.

Tim 

Thanks Tim.

My insurance company said the damages to my neighbors unit will be covered under my insurance policy and there is no deductible to be paid by me.

All he needs to do is send in pictures and an estimate for repairs.

Since my insurance company is handling the claim, there is no need for an adjuster to come out. It’s a 3rd party, so their policy is to not send out an adjuster. Strange.

I don’t want to get into a combative situation with my neighbor. If someone above me leaked water onto my apartment, I’d want them to pay.

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