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by wehypar1 » Wed Dec 15, 2010 08:53 am

We live downstairs in the condo complex. We had water damage in the main bathroom. the plumber, who investigated found that the toilet, upstairs, wax seal failed and that water leaked down to our main bathroom. The insurance co covering for the upstairs denied our claim with the reasons that 1] it was sudden 2] unexpected 3] their insurers were not aware of the toilet wax seal failing. Although my insurance co paid for the repair/restoration, they decided NOT to subjugate against the other insurance co because what is written in CCNR "not to subjugate against any owners,etc " Please advise concerning my confusing situation. We have insurance to cover the accident?!

Total Comments: 1

Posted: Wed Dec 15, 2010 06:58 pm Post Subject:

Although my insurance co paid for the repair/restoration



If your insurance company paid the claim, don't you think that probably means you have insurance to cover the accident?

Claims are not "subjgated" they are SUBROGATED. If your CC&R document has some pathetic business about no subrogation, then you have to live with that. And your insurance premiums may be higher as a result.

The insurance co covering for the upstairs denied our claim with the reasons that 1] it was sudden 2] unexpected



Well, if insurance is not for those two things, I don't know what it is for. It's more likely that the insurance company rejected the claim because they were aware of the "no subrogation" clause in the CC&Rs. They have nothing to lose.

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