Legal Question in Insurance Law in Texas

Neighbor's hot water heater flooded our townhome

Three weeks ago I woke up at 4:45am to find my kitchen, dinning room, living room, and bedroom wet in the carpeted areas and standing water in the tile areas. I went to the townhome next door, which is attached to my home, and found workers from a crew who were called to cleanup the water in my neighbor's home from a broken valve leading into their hot water heater. I told them the water had invaded my home and agreed to have them clean and dry my home when they completed their job next door. My insurance company has paid the clean up company directly and their adjuster appraised the damage to my home at $2,603.90. After deducting my deductable and depreciation I received a check from my insurance company for $707.01. Would I have cause to go after my neighbor and their insurance company for the cost of damages to my home and the amount it is costing me and my insurance company?


Asked on 3/03/04, 4:01 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Neighbor's hot water heater flooded our townhome

No. You may only be compensated for your loss once. Your insurance company has paid you for your actual damages--that is, the damage to your home, minus depreciation. That is all your neighbor's insurance company would have to do, and you cannot collect from both. (If you did collect from your neighbor's insurance, you would have to pay your own insurance company back. What would be the point?) The only legitimate claim you may have against your neighbor would be for your deductible--and your own insurance company will probably collect that through arbitration with your neighbor's insurance company (unless they pay it willingly), in which case you will be reimbursed by your insurance company for your deductible.

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Answered on 3/03/04, 6:19 pm


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