Who is liable? Insurance Question?

Question

I live in a condo in Illinois. My water heater leaked 30 min after a plumber took turned it off and then on. The water leaked into my below neighbor's ceiling and fan.

He claims that I am responsible (makes sense I guess)

but...

My insurance company says that the Illinois condo law states he has to make a claim through his homeowner's insurance.

My neighbor said that there is some water heater law stating that owners must service their heaters every two years-he did some research at a library.

I want to believe my insurance company but I also want the thoughts of other people!

thanks,

George

Answer 1

The jury will decide who's liable.

Your neighbor is making things up.  He probably has no condo insurance, and doesn't want to pay out of pocket for his damages.

You are only liable - aka, negligent - if there was a hazardous condition, you KNEW about it, and didn't do anything to fix it.  As you had a plumber there immediately before the leak, clearly, the third part is not true, therefore, you are NOT liable aka negligent.

Tell your neighbor, you've filed the claim with your insurance company, and they've told you that you are NOT liable.  As soon as this guy calls a lawyer, the lawyer will set him straight.

Answer 2

Do what atz1 told you.  

Big bad ins adjusters shut people up really quickly

Answer 3

The Illinois Condo Act is a particularly complex piece of legislation, in my experience.  If I recall it correctly, it indicates that if a discharge occurs from a unit owner's premises that the owner is strictly liable for that loss.  It is the fellow unit owner's option, but not a requirement, that he file a claim under his own coverage (condo unit owners coverage).  Additionally, there may well be an issue of structural damage to common property (the condominium structure).  The ICA clearly defines what is unit owners and what is structural property.  My recommendation would be (1) to ask your carrier for a copy of the IL Condo Act so you can review it yourself along with the adjuster so they can explain their position.  It can also be found online, I believe.  (2) I would ask my carrier to place the plumber on notice of the claim.  Notwithstanding the ICA, if the plumber was negligent in causing the discharge, his liability coverage (likely a commercial general liability policy) should cover this as ensuing damage.  If there is any damage to your unit, it would seem that you have the option of attempting to make claim of the plumber directly, and/or having your company consider the claim (less deductible) and then seek to subrogate (recover from) the plumber and/or his carrier, to the extent possible, based upon legal liability.