Legal Question in Civil Litigation in California

Re: condo damage liability

Both Hoffman and Shers are right on target. The claim that the insurance from the upstairs condo would not cover the damages in your condo because the upstairs owners were not home at the time the pipe burst is really silly. Your carrier should go after the other owner's insurance company for purposes of subrogation. And while they are at it, they should get you your deductable back.

Good luck.

Re: condo damage liability

The three before me seem correct. This is a bad faith action in the making (just mentioning "bad faith" might get you some headway).

See if you can get their denial of coverage in writing. Then ask your upstairs people for a copy of the policy. Take both to a local attorney.

Re: condo damage liability

It's hard to believe the other owner's insurance only covers this type of damage if the owner is home at the time. Tell your insurance carrier about this and let it decide whether to sue the other owner for subrogation. At a minimum, you should let your insurer know you are considering filing suit yourself so that it can decide whether to sue before your action interferes with its rights.

Good luck.

Re: condo damage liability

I agree with Mr. Hoffman that one has to be very skeptical of the other unit's insurance carrier. Ask them for a copy of the insurance polcy. The wrongful act that occurred was the pipe bursting, not their not being there to turn off the water. If they will not give you a copy of the policy [not really an issue of insured's privacy because he already told you he has insurance and who his carrier was, but they are saying for this incident they are not his carrier] or they are lying about what the coverage is, complain to the Department of Insurance and also contact your carier to hae them go after the other insurance and get all your money back. Your insurance will probably try to get the deductible back for you.