Legal Question in Insurance Law in Ohio

Liability if claim filed made year later

I live in a condo complex. The by-laws state that you are liable for damage to another unit or common areas if it results from a problem in your unit. Last year my neighbors air conditioner was clogged and backed up and ran into the garage of her downstairs neighbor. At that time she requested to see the damage and that he get an estimate for her to turn in to her insurance co. He declined on both counts stating that it was only his garage and not bad. She had the unit serviced prior to turning it on and turned it off immediately after being advised of the leak.

This past June her neighbor sold his condo and the new owners wanted the damage fixed. He repaired the damage and then requested that she pay. The invoice was for $199 from a drywall co. - and was not itemized. It was address to his construction co.

My neighbor submitted this to her insurer who refused payment -- the damage had already been repaired and was a year old. Her neighbor is now threatening to take her/her insurer to small claims court. Given the above circumstances, is he liable. Please advise. Thank you.


Asked on 9/20/03, 1:10 pm

1 Answer from Attorneys
Robert Guehl Guehl Law Offices

Re: Liability if claim filed made year later

This is a question of intepretation of the insurance contract, to determine whether the insurance company is liable to pay your neighbor for damage to her neighbor. In Ohio, generally speaking, the statute of limitations for property damage is usually two years from the date of the injury. The previous owner's acquiescence in the damage, that is, saying he will not make a claim, might be a defense on grounds that it amounts to a "settlement". She also has an issue with actual proof of the damages, as you indicate with the questionable bill from the current owner's business.

In any event, $200 is what would be considered "de minimis", or so small that legal representation may not be advisable (legal fee likely to exceed the judgment), so your neighbor can defend herself in small claims court.

Good luck,

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Answered on 9/21/03, 4:09 pm


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