Legal Question: NJ Property Flooding

jasonX · 04-28-2011, 06:55 PM

I believe we may have some attorneys on the board who may be able to answer my question.

My sister owns a first floor condo. There are three levels. The condo two levels up had their water boiler burst which caused both the 2nd floor condo and her condo to fill with several inches of water causing large amounts of damage to her hardwood floors.

I asked her if she had homeowners insurance which she does, however, they are claiming they only cover structural damage, not flood damage.

Would this assessment be correct? If so, could she go after the owner of the 3rd. floor unit for damages she incurred due to their boiler bursting?

JayKay335i · 04-28-2011, 07:07 PM

Generally they are separate.

Go after the top floor people.

infinitekidM2C · 04-28-2011, 07:15 PM

Sue everybody

/thread

jpsum · 04-28-2011, 08:14 PM

the top floor should pay for all damages, if they don't, sue them.

ABQ325i · 04-28-2011, 08:28 PM

Check with the Condominium Association bylaws and see what insurance they carry. They might have insurance which covers flood damage caused by other units.

Freakazoid · 04-28-2011, 08:37 PM

Quote:

Originally Posted by ABQ325i

Check with the Condominium Association bylaws and see what insurance they carry. They might have insurance which covers flood damage caused by other units.

this, but also go after the third floor. they're responsible for any and all damages

schoy · 04-29-2011, 01:42 PM

Unlikely condo association (or its insurance) will cover since it didn't originate from a common area (unless one could claim that the spaces between the floors, which might be a common area, was improperly insulated against water leakage). Most condo associations' insurance don't cover the space within the units.

3rd floor owners are most responsible, and if the water boiler was defective, you may have an additional (deeper pocket) claim there against the manufacturer.

Edit: 3rd floor owners' condo insurance may cover their liability as well, but you'll still need to make a claim.

ABQ325i · 04-29-2011, 10:46 PM

The Condominium Associations insurance may or may not cover the damage, but you should still explore that option.

I think the OP's sister should also re-read her personal home insurance policy. I know on my policy we are covered if a water heater breaks, it is called water damage. Flood damage is usually a term reserved for natural type occasions such as rivers over flowing, similar to what happened in the Trenton area a few years back. This type of damage requires a separate Flood Insurance policy.

Sandydog · 05-02-2011, 02:11 PM

+1 on the terminology issue: 'Flood Damage' requires a separate rider as a 'flood' is an act of nature and not generally compensable without the backing of a federally-sponsored rider and program. 'Water Damage' is for bursting pipes and overflowing fixtures. Insurance agents LIVE to decline those 'flood damage' claims when they'd have no choice but to cover a 'water damage' one, unless the damage is long-term such as in an undiscovered roof leak or hidden pipe fracture.
As well, whether or not the 3rd-floor tenant is insured specifically for water damage, their homeowner's insurance should compensate others for incidents which begin on their property and continue to damage others' property as a result.

04-28-2011, 06:55 PM	#1
jasonX First Lieutenant 35 Rep 389 Posts Drives: 13 335is 6MT Join Date: Jun 2010 Location: Central NJ iTrader: (6)	Legal Question: NJ Property Flooding I believe we may have some attorneys on the board who may be able to answer my question. My sister owns a first floor condo. There are three levels. The condo two levels up had their water boiler burst which caused both the 2nd floor condo and her condo to fill with several inches of water causing large amounts of damage to her hardwood floors. I asked her if she had homeowners insurance which she does, however, they are claiming they only cover structural damage, not flood damage. Would this assessment be correct? If so, could she go after the owner of the 3rd. floor unit for damages she incurred due to their boiler bursting?
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04-28-2011, 07:07 PM	#2
JayKay335i Banned 189 Rep 5,046 Posts Drives: ///M323 DCT Join Date: Apr 2009 Location: North Dakota; its best DUHHHHHH iTrader: (1)	Generally they are separate. Go after the top floor people.
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04-28-2011, 07:15 PM	#3
infinitekidM2C Major General 4231 Rep 5,732 Posts Drives: 2019 M2 Competition Join Date: Nov 2007 Location: Orange County, CA iTrader: (4) Garage List 2019 M2 COMPETITION [9.75] 2008 135i (my old car) [7.56]	Sue everybody /thread
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04-28-2011, 08:14 PM	#4
jpsum Major 278 Rep 1,088 Posts Drives: 2010 TSX Join Date: Dec 2008 Location: New Haven area iTrader: (4)	the top floor should pay for all damages, if they don't, sue them.
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04-28-2011, 08:28 PM	#5
ABQ325i Private First Class 14 Rep 158 Posts Drives: 08 E60 535i + 06 E90 330i Join Date: Apr 2010 Location: Albuquerque iTrader: (4) Garage List 2008 535i [0.00] 2006 330i [0.00]	Check with the Condominium Association bylaws and see what insurance they carry. They might have insurance which covers flood damage caused by other units.
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04-29-2011, 01:42 PM	#7
schoy Major 997 Rep 1,005 Posts Drives: Melbourne Red E90 M3 Join Date: Apr 2010 Location: USA iTrader: (0)	Unlikely condo association (or its insurance) will cover since it didn't originate from a common area (unless one could claim that the spaces between the floors, which might be a common area, was improperly insulated against water leakage). Most condo associations' insurance don't cover the space within the units. 3rd floor owners are most responsible, and if the water boiler was defective, you may have an additional (deeper pocket) claim there against the manufacturer. Edit: 3rd floor owners' condo insurance may cover their liability as well, but you'll still need to make a claim. Last edited by schoy; 04-29-2011 at 01:48 PM..
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04-29-2011, 10:46 PM	#8
ABQ325i Private First Class 14 Rep 158 Posts Drives: 08 E60 535i + 06 E90 330i Join Date: Apr 2010 Location: Albuquerque iTrader: (4) Garage List 2008 535i [0.00] 2006 330i [0.00]	The Condominium Associations insurance may or may not cover the damage, but you should still explore that option. I think the OP's sister should also re-read her personal home insurance policy. I know on my policy we are covered if a water heater breaks, it is called water damage. Flood damage is usually a term reserved for natural type occasions such as rivers over flowing, similar to what happened in the Trenton area a few years back. This type of damage requires a separate Flood Insurance policy.
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05-02-2011, 02:11 PM	#9
Sandydog Registered Offender 0 Rep 39 Posts Drives: '09 E92 335i x-Drive Join Date: Feb 2009 Location: Alaska iTrader: (0)	+1 on the terminology issue: 'Flood Damage' requires a separate rider as a 'flood' is an act of nature and not generally compensable without the backing of a federally-sponsored rider and program. 'Water Damage' is for bursting pipes and overflowing fixtures. Insurance agents LIVE to decline those 'flood damage' claims when they'd have no choice but to cover a 'water damage' one, unless the damage is long-term such as in an undiscovered roof leak or hidden pipe fracture. As well, whether or not the 3rd-floor tenant is insured specifically for water damage, their homeowner's insurance should compensate others for incidents which begin on their property and continue to damage others' property as a result.
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