Insurance claim - water damage caused by upstairs condo

Question
What is the name of your state? Florida.
My condo sustained water damage caused by a leaking pipe from an upstairs condo. Both the insurance carrier for the condo association and my carrier have denied coverage based on policy exclusions. Do I have a valid claim against the owner of the upstairs condo (through his homeowners policy) even though the leak was not his fault?
Thanks for any help.
R. Broach

Answer
[quote]Originally posted by rebroach
[b]What is the name of your state? Florida.
My condo sustained water damage caused by a leaking pipe from an upstairs condo. Both the insurance carrier for the condo association and my carrier have denied coverage based on policy exclusions. Do I have a valid claim against the owner of the upstairs condo (through his homeowners policy) even though the leak was not his fault?
Thanks for any help.
R. Broach
**A: yes, sue the condo owner and force him/her to sue the HOA in return.
Who is responsible for the leak and who owns the leaking pipe; the HOA, you or the upstairs condo owner?

Answer
HomeGuru,
Thanks for your prompt reply.
The upstairs condo owner owns the leaking pipe, which burst while he was away from the condo. Water drained down into my condo, which is directly beneath his. I am not aware of any fault on the part of the HOA.
R. Broach

Answer
[quote]Originally posted by rebroach
[b]HomeGuru,
Thanks for your prompt reply.
The upstairs condo owner owns the leaking pipe, which burst while he was away from the condo. Water drained down into my condo, which is directly beneath his. I am not aware of any fault on the part of the HOA.
R. Broach
**A: thank you for the clarification. The condo owner above you is solely responsible.

Answer
HomeGuru,
Many thanks for your help.
R. Broach

Answer
You are welcome, good luck and stay dry.
Keep us posted on the outcome.
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