UNE PETITE SHOT DE LEGAL INTERESSANTE.
Q. Last week, the neighbor who lives directly above me left his bathtub water overflow. The water leaked into my unit, causing a watermark on my ceiling. Although I have insurance, I do not want to file a claim, since it will only raise my rates. Since the water leak was directly caused by the unit owner above me, can I ask him to submit the claim under his insurance policy? Also, if the leak causes mold or other damage, can I hold the upstairs owner responsible?
A. Under Florida law, any damage to the interior of your unit should be submitted to your insurance company. If the upstairs owner, or his insurance company, will voluntarily pay for the damage, you may still need to file a claim in case there are future problems from the leak. If a person's negligence caused you damage, you can seek legal action if necessary. If mold develops in your unit due to the water intrusion, and the insurance company refuses to do what is necessary to clean it up, you need to seek legal counsel
SOURCE:Marc Bogen, Sun Sentinel
