California  |  Civil Litigation

Legal Question

Asked on: 8/18/07, 4:07 pm

condo damage liability

I own a condo that is attached to two other units. I rent it out. My tenant notified me that water was leaking down through the ceiling in both bathrooms. It turned out that a pipe burst under the sink in the upstairs unit. The owners were away for the weekend. The homeowners assoc. says they are only responsible if the pipe is in the wall. I contacted the owners insurance and they said they are not responsible because the owner was not home at the time that the pipe burst. There was quite a bit of damage done so I had to submit it to my insurance and pay the deductable. Is the insurance company trying to pull a fast one by telling me that they are not responsible just because they were not home? Can I sue the owner of the other unit for the deductable?

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