Legal Question in Civil Litigation in New Jersey
Condo. assoc. responsibility for leaking roof
the roof of my condo bldg has been leaking and has caused damage to the interior of my unit. maintainance of the roof is the responsibility of the condo. assoc. i have presented a liability claim and the insurance carrier for the condo. assoc. has denied because the see no negligence on the part of the condo. assoc. there is no dispute of the leaking or the damage. their theory is that they have tried to fix the roof but have not been able therefore they have taken reasonable steps and are not liable for any damage. i contend they have not taken reasonable steps, and that even if they have, the assoc. is responsible for damage to my unit because they have sole responibility for the roof and noone else can do anythiny to try to fix the roof. this building is about 25 years old and the roof has been leaking for years.
the assoc. wants me to present a homeowners claim to my ins. co. why should i? we all know the effects of claims and i would have a deductalbe. the point in my opinion is that the assoc. is liable for the damage.
thank you in advance for your legal opinion.
1 Answer from Attorneys
Re: Condo. assoc. responsibility for leaking roof
Insurance companies can be idiots when denying claims. This sounds like a situation where you make one attempt to get them to pay, then sue them for the costs of repairs plus punitive damages for denying the claim without a good reason.
My answer assumes that you have provided all of the relevant information, correctly, and that no other factors affect this. You may NOT rely upon this answer. You can only rely upon advice from an attorney who you have retained and who has agreed to represent you.
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