radiator leak into unit below

by altavista22 » Tue Feb 16, 2010 09:31 pm

I recently filed a claim with my insurance company because my radiator leaked into the unit below. Originally, they told me I would have not coverage if I was negligent with regard to the leak. I was not. In fact, after discovering the damage to his unit. My neighbor below called the plumber, without my knowledge, and had him fix it and notified me 2 weeks later that I would be responsible for the damages. I dont dispute that fact, which is why i called my insurance company. They informed me I was covered and that they would send an adjuster to her unit. We are currently waiting to hear from the adjuster with regard to damages, but I had a conversation with my claim rep today and she told me that since I was not negligent I am not liable. This makes no sense to me. If I was negligent then I would have been liable was her explanation to me. Then again, if I was negligent I would have no coverage. This is explicitly stated in my insurance policy. I do not want this to drag on and felt this was certainly an instance where my insurance covered this type of incident. This is why I called and why it was confirmed to me that I had coverage. Please someone help me. I am losing my mind dealing with this the past 3 weeks.

Total Comments: 4

Posted: Wed Feb 17, 2010 11:13 am Post Subject: Homeowners policy

Homeowners policy does provide coverage for damage to personal property as specified in your policy. However, they do not provide coverage for any damage that is caused due to
negligence on your part. If the damage is caused due to poor maintenance the insurance company does not take any responsibility unless you have liability coverage under your policy.

Posted: Thu Feb 18, 2010 01:45 pm Post Subject:

However, they do not provide coverage for any damage that is caused due to negligence on your part

WRONG!!!!! They DO provide coverage, to the damaged property of others IF the insured was negligent..he (apparently) was NOT negligent in this instance.

unless you have liability coverage under your policy.

Veronica..you EVER seen ANY type of HO/renters policy WITHOUT liability coverage? Cuz I have not!

she told me that since I was not negligent I am not liable. This makes no sense to me.

I don't understand why you are having trouble with this..."IF" you did something wrong/negligent...you have liability coverage that pays for that...(unintentional of course)...BUT apparently this leak was not caused by anything NEGLIGENT that YOU did....so you cannot be found liable for the resulting damages..

If I was negligent then I would have been liable was her explanation to me

right.

Then again, if I was negligent I would have no coverage

NO, if you were NOT negligent, then there is no coverage.. .

I do not want this to drag on and felt this was certainly an instance where my insurance covered this type of incident. This is why I called and why it was confirmed to me that I had coverage

yes, you do 'IF' you were negligent...

Please someone help me. I am losing my mind dealing with this the past 3 weeks.

Ok..explain to me 'what' YOU did wrong that caused this leak? YOU had to have done something wrong (negligent)...in order to be liable (responsible) for the damaged that occured...so what did you do wrong?

Posted: Thu Feb 18, 2010 05:43 pm Post Subject:

Check this thread from the OP to follow.

http://www.ampminsure.org/start/about11897.html#70879

Posted: Thu Feb 18, 2010 10:12 pm Post Subject:

Thanks das I'm locking this one...man I hate it when two threads are covering the EXACT same question :x

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