Legal Question in Insurance Law in Florida

We own a condo in FL that had mold and mildew damage caused by water overflow from a plugged air conditioning drain in our unit. I now find out that I share a drain with the condo upstairs and the water in my unit came from the air conditioner upstairs. (we were up north for months and our electric bills prove that our air was not working). Are the owner upstairs or the condo association liable for any of the damage. My policy also says that they will not pay for water damage if the unit has been "vacant" for the previous 30 days before the loss. What is the legal definition of vacant? Does this apply to us since we were away or does this apply to empty properties. Thank you for your help. Jim B

Asked on 1/06/14, 6:48 pm

David Slater David P. Slater, Esq.

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Since you live there, I would not consider the apartment vacant. Ambiguous language should be interpreted against the writer.

You may have a claim against the upstairs neighbor or condo depending on the facts. Why was the drain clogged?

Answered on 1/06/14, 6:55 pm

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