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Neighbor refuses to notify her carier

Discussion in 'Homeowners, Fire, Casualty' started by EQueens, Jan 20, 2019.

  1. EQueens

    EQueens Law Topic Starter New Member

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    Jurisdiction:
    New York
    My insurance carrier has informed me that I am not legally responsible for water damage to my neighbor's property, as the water came from an internal discharge from my washing machine. But, my neighbor does not want to make a claim to her insurance carrier, she says because it came from my apt. My insurance adjuster as already informed her of the reasons.
     
  2. army judge

    army judge Super Moderator

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    That isn't determined by an insurance company.

    The insurance company simply told you or the other party that it believed it wasn't responsible to make payment to the other party.

    That announcement by the insurer doesn't limit the other party's ability to sue you in a court of law for the damages they believe you caused.

    If that were to occur, your insurance company is responsible to provide you with an attorney to defend against the other party's allegation(s).




    An insurance company and their employees aren't officials of the government.

    An insurance company isn't a court of law.

    I suggest you politely refuse to listen to the other party's rantings.

    If that prompts a lawsuit, you simply inform your insurer. and someone will direct your actions.

    It isn't wise to ever discuss any allegations or grievances someone has against you, unless you wish to pay the tribute demanded by the accuser.
     
    Michael Wechsler likes this.
  3. EQueens

    EQueens Law Topic Starter New Member

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    I was informed by the liability adjuster that because the water was discharged from inside my
    clothes washer, I could not have seen it happening and therefore I was not negligent and
    not responsible. The adjuster has explained this to my neighbor. I did request the adjuster
    to use the "Good Neighbor" clause in my policy I am now waiting fior the results of the review.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    That's foolish. Why should your insurance pay for something for which you were not negligent? Would you pay her out of your own pocket? Well, that's what you would be doing when your rates go up as a result of the claim payment. Even if you didn't get surcharged specifically for the claim, the payment would be on your insurance record and you would no longer be in a preferred rate class for typically 3 years.

    If you aren't legally liable (negligent) then don't be so free with your insurance. If she doesn't want to make a claim on her own insurance that's her choice.
     
  5. EQueens

    EQueens Law Topic Starter New Member

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    Thank you for your reply - My own thought is that the water discharge came from the clothes washer in my apartment and while there is no negligence involved and no legal liability, I am feeling a moral responsibility to the damage that was caused. Also, what happens if our co-op comes after me to pay for the water damage to my neighbors ceiling & wall?
     
  6. EQueens

    EQueens Law Topic Starter New Member

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    Thank you for your reply - My own thought is that the water discharge came from the clothes washer in my apartment and while there is no negligence involved and no legal liability, I am feeling a moral responsibility to the damage that was caused. Also, what happens if our co-op comes after me to pay for the water damage to my neighbors ceiling & wall?
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Then pay her with your own money and leave your insurance out of it.

    That depends on the terms and conditions of your CC&Rs. If your CC&Rs say you pay if you are negligent then you don't pay if you aren't negligent and your insurance defends you. If your CC&Rs say you pay regardless of fault then that's a contractual obligation that you accepted when you bought into the place and your insurance wouldn't apply since you weren't negligent. If the HOA takes the entire amount of the repairs and assesses each unit owner a share then your Loss Assessment coverage (if you have it) should pay your share.

    The Good Neighbor clause you referred to earlier might or might not pay something regardless of fault, depending on how that section of your policy is worded, but that is typically limited to small amounts. Look for "Property of Others" and see what it says.
     
    Michael Wechsler likes this.
  8. zddoodah

    zddoodah Well-Known Member

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    The following appears to be the only question asked in any of your posts in this thread.

    The answer depends on what your CC&Rs say.

    Was there something else you wanted to know?
     

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