Legal Question in Real Estate Law in Maryland

Broken Pipes in Neighbor Unit - Who pays to fix?

I own a tenant occupied townhouse in Maryland. The adjacent unit had a polybutylene pipe break causing approximately $5,000 in water damage to my townhouse (lower elevation). My insurance is an old fire dwelling policy with NO water damage (peril) coverage. The owners of the adjacent property filed a claim with their insurance company (USAA) on my behalf. Their insurance company said the owners were not ''negligent'' and therefore they denied the claim. The owners are being advised by USAA not to talk further with me. Am I headed to small claims court now to get a judgement? With the facts as presented, is there any defense that can be presented which would not result in me getting a favorable judgement? Advise?


Asked on 11/04/05, 2:15 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Broken Pipes in Neighbor Unit - Who pays to fix?

Your neighbor's insurance company will defend him on the same grounds on which they denied your claim--no proof that your damage was caused by your neighbor's negligence or failure to properly maintain his property. Your neighbor will testify that he had no previously problems with leaking pipes and therefore had no knowledge of the problem. This is why you need to maintain adequate and comprehensive insurance coverage on your property.

Read more
Answered on 11/04/05, 4:26 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland