D.L. from Fairfield County writes:
Dear Mister Condo,
My upstairs neighbor’s bathroom leaked into my unit causing damage to my bathroom ceiling and walls. Now his home owner’s insurance refuses to pay because they claim that they are not responsible because the leak was not because of the owner’s negligence and my insurance should pay for the repairs. This does not seem fair to me since I notified the management company and the owner two months ago and the leak has still not been repaired. Is this really correct — do I now incur the expense? Not to mention my premiums going up based on a claim!
Mister Condo replies:
D.L., I am sorry that you find yourself in this unfortunate situation. You should most definitely make a claim on your homeowner’s policy so that you can get some relief from this problem. That’s what insurance is for. It will also get your insurer involved in its own recovery process where they might decide to go after your neighbor’s insurer claiming your neighbor’s negligence was, in fact, at fault. This is the business of insurance company attorneys and not your concern. Your rates may go up because of this claim but not necessarily. If they do go up and you feel you have a claim against your neighbor for causing the increase, you should speak to an attorney to see if you should bring suit against your neighbor for the increased premium. In my experience, the increased premium isn’t enough of an expense to justify a suit. However, it is imperative that you keep your insurance in place to protect you from further events and because your association governance likely requires that you keep the policy in effect. Good luck!