Legal Question in Real Estate Law in Maryland
condominium insurance
The washing machine in my condominium leaked and did $7500 worth of damage. The property manager told me that they would not submit a claim to the insurance company because they think it was my fault. Neither I nor the property manager really knows yet what caused the leak, we are assuming the washing machine malfunctioned. Is the property manager right to not submit a claim? Is there any thing I can do to about their unwillingness to investigate the cause, or submit the insurance claim?
2 Answers from Attorneys
Re: condominium insurance
You should get a repairman out there to examine the machine and try to determine the cause of the leak. If the machine malfunctioned, the manager should have to hesitation in bringing in the insurance company. However, the typical condo policy doesn't usually cover this kind of loss. But you should still be entitled to discuss that issue with an insurance representative.
Re: condominium insurance
You cannot force him to submit a claim. However, you can, upon
filing suit, enjoin the insurer. You need to know the coverage to know whether you
would sustain a suit. It may be possible to determine this without filing. However,
in order to do so you need to discern whether the machine itself malfunctioned. If it did, then
your claim is against the owner of the washing machines. Nonetheless, you may want to include
the property manager and their insurance in any claim that you may pursue in court since they may be
responsible under the contract with the washing machine company.
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