Legal Question in Real Estate Law in California

bought insurance for a condo, but I am now being sued

Hello.

I bought a condo and forgot to buy insurance for the property. I bought insurance 30 days later; however, during that time that I did not have insurance a water leak occured and there was 75K damage to the unit below me...I bought an additional unit in the same building where I had bought insurance right away..Now since I am being sued and didn't have insurance during the time that the damage occured what are my rights and how can I locate an attorney who specializes in these types of matters?

Thank you very much in advance!


Asked on 7/18/06, 9:20 pm

4 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: bought insurance for a condo, but I am now being sued

You are in an unfortunate situation. However, you are only responsible for the damages if you were negligent. This is likely not a strict liability situation where you become the insurance company for your neighbor. Depending on the facts, you may not be responsible.

If you are in So. Cal., give us a call or send us an email. We have several real estate matters involving construction issues, water damage, and the like.

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Answered on 7/19/06, 8:51 am
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: bought insurance for a condo, but I am now being sued

You may also have rights under other insurance policies that you have - even if they are on other properties. I would be happy to take a look at your situation from the insurance coverage side, and can give you some tips on how to select an attorney as well.

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Answered on 7/19/06, 9:18 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: bought insurance for a condo, but I am now being sued

Unfortunately the specialists would be the insurance company attorneys. However, many attorneys would be able to competently defend this matter. It is the plaintiff's burden to show that you were responsible in some manner due to a breach of a duty you owed the plaintiff. That will not be easy unless you left water running and forgot about it or that you were on notice that the plumbing was in disrepair. I have practiced in San Diego County almost 20 years and have had many premises liability cases. Call me directly at 6192223504.

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Answered on 7/19/06, 6:02 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: bought insurance for a condo, but I am now being sued

There is no certified specialty in this area of the law. However, I have handled many premises liability cases. You may contact me for a free consultation.

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Answered on 7/21/06, 7:22 am


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