Legal Question: NJ Property Flooding

[jasonX]

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]

Generally they are separate.

Go after the top floor people.

[infinitekidM2C]

Sue everybody

/thread

[jpsum]

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

[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.

[Freakazoid]

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]

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]

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]

+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.