Legal Question in Real Estate Law in New Jersey
above ground pool liability
My neighbors above ground pool is behind & above me. It burst & 13,000 gallons of water rushed onto my property destroying a fence, railroad tie walls, gutters, track lighting, a pond, & all of the general landscaping. My homeowners insurance says this is ground water damage & will not cover the costs. My landscaper estimates it will cost approximately $20,000 to repair. I was never notified properly or given a consent form approving of the pool being installed approximately 10 years ago. A police report was filed and multiple pictures were taken. Is there a way I can force my homeowners insurance company to handle this, as opposed to myself having to do all of the leg work. This was not an act of god. Please give advice as to what I should do to have my property restored without me having to essentially eat the costs of putting myself back into my original position.
2 Answers from Attorneys
Re: above ground pool liability
My opinion is that if you made a claim against your neighbor that his homeowners insurance would cover your loss. We would be happy to assist you with that.
Re: above ground pool liability
Your homeowner's policy should cover the loss, and a complaint could be filed against them with the Department of Banking and Insurance for their denial of coverage. This was a casualty loss probably due to negligent maintenance by your neighbor. You may also file a claim against your neighbor and let their homeowner's policy cover the loss. If you go to your company, you might have a deductible, even if they handle the claim. Suing your neighbor should get 100% of your claim paid.
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