Legal Question in Mediation in New Hampshire

property damage

Extensive damage occurred to our condo as a result of a large water pressure surge that occurred after the main water supply to the community was turned back on. The pressure surge was large enough to lift the toilet tank cover enough to knock over an aerosol can to the seat cover, break a glass compote bowl that was knocked to floor and then break the shut-off fixture inside the tank. This caused water flowage onto the main level & undiscovered for 3 days. Neither our personal insurance nor the condo insurance companies nor the Board will restore it to it’s original appearance – they will only “patch” it. This is contrary to our condo By-Laws that state that we are entitled to have it restored to its original condition. (The Board has however, agreed that an entire ceramic floor had to be torn up because the pattern could not be matched exactly when ½ of the floor had been damaged.) Both insurance companies are going after the manufacturer to recover their costs stating that the fixture in my toilet tank was defective even though there was an air pocket in the lines when the water was turned back on.


Asked on 10/12/07, 11:25 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: property damage

You have presented an interesting set of facts. However, I did not see a question within the information. If the insurance companies are still sorting the matter out, are you comfortable waiting for the end result? If not, you may have other legal options but the cost is often more than what you might recover. A far more detailed analysis of the facts and a review of your condominium declaration would be necessary as a starting point.

Read more
Answered on 10/12/07, 11:52 am


Related Questions & Answers

More Mediation questions and answers in New Hampshire