Legal Question in Real Estate Law in California

Storage Insurance

I rented a storage unit on 1/1/08 and they had a insurance that was part of rental package to purchase which I did. I went on the trip and came back on 2/10/08, went to the storage and there was water on the floor, some of my furniture got water damage. I filed claim with that insurance, they denied and reason was: ''If the water was from the foof we would cover it, but since its from the floor, consider as an flood and there is no flood coverage''. Aren't they responsible eventhough did not include in that package? What should I do?

Thanks


Asked on 5/20/08, 2:51 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Storage Insurance

I answered your similar question, to the effect that you may not have a claim on the insurance. I did not express an opinion on whether you might have a valid complaint against the owner or operator of the mini-storage for negligence. Whether such a suit would win in small claims may depend upon whether there is a disclaimer in your contract for the storage, and the cause or causes of the flooding.

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Answered on 5/20/08, 1:57 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Storage Insurance

They are responsible unless the terms of the policy unambiguously exclude coverage in the circumstances. Insurance law requires that all ambiguities be resolved in favor of the insured.

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Answered on 5/20/08, 3:06 pm


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