Legal Question in Insurance Law in California

I rent a condo at a ski resort that was flooded from above by a broken water heater in the unit above mine. I have home owners insurance that covers my personal belongings, but don't want to have to file a claim since this was in no way my fault. I have no place to stay for weeks while the repairs are being made. In additon I'm out money for a season pass, utilities, etc. My landlord is filing a claim against his insurance, but has said nothing about putting me up in a hotel or similar housing. What are my rights?


Asked on 12/09/10, 6:27 am

2 Answers from Attorneys

You will have to look at your lease, but generally residential leases provide for rent abatement being the only remedy for not having use of the premises.

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Answered on 12/14/10, 12:59 pm
Herb Fox Law Office of Herb Fox

You may be making a mistake not filing a claim with your insurance company. That it is not your fault is exactly the point. This is what your insurance is for, and by not filing a claim you are taking the risk of never being made whole. Your insurance company will fight with the carrier for the unit above,and with the landlords carrier, over how much each insurance company will contribute. You may well be penny wise and pound foolish here - and you may be waiving your rights to insurance proceeds that you have paid for!

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Answered on 12/14/10, 9:40 pm


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