We have a condo that suffered water damage. A supply pipe from a unit above us had a leak. A contractor estimated repairs to be $12,300. There would be additional costs, such as the mitigation bill, and a hotel stay during repairs. Our insurance company is offering us $10,000 minus $250 deductible, and telling us to get a lawyer to recover the rest. Our condo association's insurance has a $10,000 deductible. The other unit's owner has no insurance. Our condo insurance assessor says that the pipe is owned by the condo and that the other owner is not negligent - it is an act of God.
Who should we sue to make up the dinference - our insurance company, our condo's insurance company, our condo association, the other owner?
1 Answer from Attorneys
Your insurance company should pay it all. It will then have the right to go after the responsible party for reimbursement. It is like if you are in a car accident caused by someone else, you can have your insurance company pay for the damage to your car and it will go after the responsible party.
As for the "Act of God"--nonsense. If the pipe broke because it was struck by lightning--well, maybe--but not in this case. It does not have to be negligence--in this case you could claim "trespass" against the condo assoc. But you shouldn't have to go that far--collect from your insurance company--that's why you pay premiums.