Statute of limitations on negligence/prop damage

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Leneg

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I own a condo in California. An unforseen water leak occured in my unit. The leaking water also damaged a neighbor's condo. The homeowners' association insurance paid damage claims for the neighbor's condo. Now the insurance company is attempting to recover the money it paid to the neighbor from me. Because it was an accident, I am refusing to pay. Question: what is the statute of limitations on this matter as far as the insurance company being able to file suit against me?

Thank you.
 
I own a condo in California. An unforseen water leak occured in my unit. The leaking water also damaged a neighbor's condo. The homeowners' association insurance paid damage claims for the neighbor's condo. Now the insurance company is attempting to recover the money it paid to the neighbor from me. Because it was an accident, I am refusing to pay. Question: what is the statute of limitations on this matter as far as the insurance company being able to file suit against me?

Thank you.



This should answer your question.
I suspect, if they sue, their theory of the case, is in RED below!


California¶
4 years Breach of Warranty

2 years Personal Injury

2 years Medical Malpractice

3 years Other Professional Malpractice

4 years Contracts-Written


2 years Contracts-Oral

3 years Property Damage


http://wiki.injuryboard.com/topic/tort-components-statutes.aspx
 
Not based on alleged "negligence"?

I should have included in the original post the insurance company repeatedly has alleged I was negligent in not replacing a water supply line and my negligence is what caused the damage. Would that prevaling premise, negligence, make a difference as to your opinion?

Thank you.
 
I should have included in the original post the insurance company repeatedly has alleged I was negligent in not replacing a water supply line and my negligence is what caused the damage. Would that prevaling premise, negligence, make a difference as to your opinion?

Thank you.




If they're asserting negligence, there goes the contractual aspect of any suit.

Now, we're talking property damage and three years for the SOL.

If you have home owner's insurance, you should speak with them about this.

More than likely, the negligence rider of your policy will address such claims.

They would also fight for you, if you can illustrate that you weren't negligent and the matter is in dispute.

 
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