Legal Question in Real Estate Law in Maryland

Can I be sued by the property Mgmt's Insurance co?
Yesterday (11/6/03), I received notification from a lawyer representing my ex-property mgmt's insurance company. They are trying to sue me for a drain back-up in an adjoining condo unit that occurred in 6/01. I was never made aware of any problem! He alleges that ''chicken and grease'' from my unit, which I rented from 4/95-4/03, caused the backup. Apparently, the mgmt co. claimed the repairs that were necessary to repair the unit that ''backed'' to mine with the insurance company. In turn, the insurance co. is coming after me! This isn't a very ''timely'' accusation, is it? I did have rental insurance at the time--of course, the policy is now expired as I sold the property in April of this year.

Asked on 11/07/03, 5:33 am

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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Re: Can I be sued by the property Mgmt's Insurance co?

A number of issues are involved here. Your insurance may be effective.

Here the matter is whether there is a covered peril and then the provisions on

claims process. This likely is a covered loss. Also, why isn't the insurance company providing a defense to the claim of the

property management company?

Then the matter of whether the property management company can come after you...this depends in

part on your leasing contract. However, this loss appears to be of ordinary wear and tear and is not recoverable by

them. Several factual items require discussion.

Answered on 11/07/03, 8:55 am

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