AboutJay K. Williams, AAI, AIP, CIC, CRM Expertise I can answer questions relating to the following coverages: personal auto; homeowners; commercial auto; commercial liability; commercial property; business income and all other property and casualty coverages.
Experience I have been in the insurance industry in Florida since 1979. I am currently the president of a Florida domestic insurance company subsidiary. I've taught continuing education classes in Florida and across the country. I am quite familiar with all coverages including Florida Condominium master policies and unit owner policies. I also specialize in agent professional liability. I have been a professional educator since 2001.
Organizations I am a member of the Florida Associaion of Insurance Agents, the state affiliate of the Independent Insurance Agents and Brokers of America.
Education/Credentials I currently carry the following professional designations:
Accredited Advisor in Insurance (AAI)
Associate in Insurance Production (AIP)
Certified Insurance Counselor (CIC)
Certified Risk Manager (CRM)
Question I have a 1st floor condo unit. The refrigerator water line in the 3rd floor unit directly above me broke causing water to leak into the 2nd floor unit and then down to mine. The water damage to the ceiling, walls and carpet was pretty severe. Both the 3rd floor unit and I carry the same insurance carrier. The insurance company has stated that after "an extensive investigation there is no negligence on the part of the 3rd floor owner and therefore she is not responsible for the damage to my unit". They have informed me that I am going to have to open a claim under my own policy and pay my deductible. Since the water leak stemmed from her unit, how can I possibly be held responsible and required to pay my deductible! Are these grounds for a successful lawsuit?
Answer Hi Stacey,
Every time I get a question like this it just confirms all the reasons why I don't live in a condo. :-)
Your actual question really is best answered by a lawyer. That being said, I will give you a response from an insurance perspective with the disclaimer that I am not a lawyer and this is not legal advice.
Within the insurance world, negligence is the basis for legal liability. Simply defined, negligence is the failure to do what a prudent person would do under similar circumstances. Now, let's relate this to you, rather than the other unit owner.
If your refrigerator water line had a sudden and accidental break, would you be negligent? Negligence takes into consideration something foreseeable or something that was known to the person in control of the property. It's doubtful that in this situation you would see yourself as being negligent. That same premise holds true for the unit owner two floors up. Your neighbor had no control over a sudden and accidental break in the water line.
That being said, it would be up to each individual unit owner and the association to all bear the responsibilities of their own repairs. Your adjuster is correct in his or her assessment of the situation.
By the way...while this may not make you feel any better, the number one claim for condominiums is water damage similar to what you have experienced.
Could you have a successful lawsuit? In my unqualified opinion the suit would be dismissed, but an attorney would be the best one to answer that question.
I hope that helps at least clarify some things for you. Let me know if you have additional questions.
One last comment...if you're in Florida, some of this damage should be the responsibility of the Association's policy.
