Her insurance is claiming that it was not her fault as she did not physically engage in behavior that caused the flood. Further, they are looking into the CONDO BY LAWYS, to see if they require her insurance to pay in such cases.
In my estimation, an accident on her property caused damage to my property as a direct consequence and in accordance with case law, she is liable for damages. Lastly, I doubt that her policy would have such an exclusion.
I am looking to get this case resolved as quickly as possible. It's already been 2 weeks and little progress has been made. I'm also looking to hire the right attorney.
Report it to your ins. co., and let them figure it out.
NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client relationship; (3) Sometimes you get what you pay for; and (4) If you want to send me a gift, my favorite color is orange.
I agree with Mr. Weinman let your insurance deal with her insurance. Document everything.
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Water claims involving condos are always a headache. Presumably the condo association has a policy covering the "studs out," you have a policy and your upstairs neighbor has a policy and all you want is one of these 3 companies to indemnify you ( make you whole) for your loss or the companies to agree as to who owes what. Your company is responsible to you for this accidental direct physical loss and your carrier can then subrogate against your neighbor's insurance company. It is not unusual to look at the condo by laws but in all likelihood your carrier should cover your loss and will be able to collect from her carrier. It makes no sense to me that the policy would require the loss to be caused by an intentional act. In fact, liability for intentional acts are usually excluded. Make sure your insurance carrier is on notice, do what you can to mitigate or minimize additional damages and if your carrier doesn't respond to your satisfaction,!findba lawyer who specializes in first party property insurance cases.