Legal Question in Real Estate Law in Massachusetts
My friend's privately owned apartment was flooded by neighbors upstairs damaging kitchen (stove, microwave, and wall) making the appliances unusable. She lives in Massachusetts. Condominium insurance has $10,000 deductible which is unlikely to be reached after the repairs are made. Are the neighbors' liable for the damages? What does the Massachusetts law say about this type of case?
Thank you so much.
2 Answers from Attorneys
Your friends insurance pays and then can seek reimbursement by subrogation against the neighbors. If your friend does not have insurance, then he should contact an attorney and make a demand for reimbursement. Generally Condo insurance does not cover interior damages unless caused by the condo association, which is why there is a $10,000 deductible.
The damaged condo owner should file claims and give notice of damage to:
1) The condo association trustees;
2) The owner of the unit that caused the damage; and
3) The insurance claims representative of the unit suffering damage.
The deductible notwithstanding, the damaged unit owner should seek immediate full restoration and recovery for the loss from all available/responsible parties.
This Office assists in certain real estate and condomini matters in order to recover losses. Initial phone consultations are free.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
