Fridge water filter broke, flooded apartment below mine. Will my homeowners insurance cover it?

Question

They've sent me a letter saying that because it wasn't my fault and I was not negligent, they will not cover. According to them I am not liable!!! This is ridiculous, because I caused a lot of damage to my neighbor.
The company is Citizen (FL)

neighbor doesn't have insurance.

Answer 1

Your homeowners policy will cover the water damage to YOUR stuff, but not the broken fridge.

Of course you aren't liable. You didn't do it on purpose. Just because it's your fridge that broke, doesn't mean you automatically have to pay for all the damage. If you want to, to be a nice guy, because the guy below you was irresponsible and didn't insure himself, feel free to write the check. But your INSURANCE company doesn't make "nice guy" payments.

Answer 2

Do you own the refrigerator? Are you responsible for its upkeep and maintenance? In most apartments down south you do not.

Just the fact that it is in your apartment is not enough for your insurance to pay for it.

For your insurance to pay -you have to be negligent. Your action or lack of action has to be the cause of the filter braking and leaking water. So what did you do or not do that caused the loss?

Did you know the fridge was on the fritz, had seen leaks before and did nothing - then your company may cover because you should have gotten the fridge fixed or notified the landlord. In this example, there is negligence on you for failing to maintain the property.( If this is the case, your company may cancel you or raise your premiums since they now have proof that you do not take care of your property and your risk of loss is greater. )

In the end, your neighbor had no business living in Florida with out insurance. By not taking out an insurance policy, your neighbor chose to run the risk that no damage would happen to her apartment/belongings.. With the high risk of hurricane damage in Florida- this is a big risk to run. If your neighbor had paid the same high insurance premiums you do - then her policy would pay and she would not have a problem. So, if you are not negligent - why should she benefit from an insurance policy you pay for - when she does not pay for one herself?

I know that you have to still live with this person in the building and that could be uncomfortable. Just tell her you turned the claim into your company and they denied it and why. Show her the letter if you need to. Let her know that you have no control over what the insurance company pays and does not pay (cause you don't).

If your neighbor hires an attorney - let your insurance company know right away. Your company should hire an attorney to defend you.


The lesson here -is your neighbor should have paid for an insurance policy. All claims are like this one - they happen with out warning and are frequently caused by things beyond your control.

Answer 3

If the neighbor sues you and the court says that you are liable and the neighbor must be paid, then the insurance company should follow the court's ruling.

If the neighbor sues you and the court says that you are not liable and the neighbor need not be paid, then the insurance company will not pay for the damage.

In either case, the insurance company will probably provide or pay the lawyer for the case. I do not know if they would sue or countersue the neighbor for the legal expenses or not. Either way, you should not personally have any out-of-pocket cost for being sued by the neighbor.

Definitely talk to an attorney before suggesting this to the neighbor.

Answer 4

Your homeowners insurance is only obligated to pay for the property damage if you are legally liable, i.e. if you were negligent such as if you knew that the filter was leaking and failed to have it repaired or replaced in a timely manner. Another example would be if you had a tree on your property and then a windstorm caused the tree to fall on the neighbors property. If the tree was in good condition prior to the windstorm, you would not be legally liable to your neighbor for his/her property damage even though the tree was yours.

Your neighbors insurance will pay for his/her property damage from this water leak. You should not worry about this it is not your fault and this is the way it is handled by all insurance companies. In addition your neighbor's insurance will do their own investigation if they do determine that you were negligent they will subrogate (i.e. bring a claim against you and both companies will end up arbitrating the dispute) or another scenario could be that they determine that the filter malfunctioned & subrogate against the refrigerator and/or filter manufacturer.

Good luck with your neighbor!

Answer 5

Do YOU own the apartment or building? It sounds like you may have the wrong kind of insurance yourself. Check with your insurance professional.

I agree that while you feel a moral obligation, the insurance company may be legally correct. That fact would still be true even if you had the kind of insurance I believe you should.

Check with the refrigerator company has any kind of product liability coverage. No promises, just a thought.

Answer 6

They will only pay damage to other persons property if you did something negligent. What did you do to cause the water filter to break? Nothing and therefore you would not be at fault and your insurance will not pay

Answer 7

You neighbors insurance should cover the damage.

Sorry about the neighbor not having insurance. This unfortunately will be a lesson learned the hard way for them.

Answer 8

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RE :Fridge water filter broke, flooded apartment below mine. Will my homeowners insurance cover it?
They've sent me a letter saying that because it wasn't my fault and I was not negligent, they will not cover. According to them I am not liable!!! This is ridiculous, because I caused a lot of damage to my neighbor.
The company is Citizen (FL)
Update: neighbor doesn't have insurance.
Follow 10 answers

Answer 9

I wish to ask the same question as the user above.

Answer 10

it definately should.