Los Angeles, CA asked in Insurance Defense, Construction Law and Real Estate Law for California

Q: Condo flooded by upstairs neighbor kitchen remodel.

Owner, contractor, and HOA insurance all notified but each claim the other shares liability. What are my rights as a third-party claimant? My own insurance does not fully cover the loss. Someone else is responsible. I don't want to start reconstruction until I have money to reconstruct.

2 Lawyer Answers

Gerald Barry Dorfman

Answered
  • Mill Valley, CA
  • Licensed in California

A: Not sure what your theory is against the HOA - if there is one, they can be included in a lawsuit. Otherwise, you can sue the upstairs neighbor (and their contractor since you've already uncovered who they are). The insurance companies have a duty to try and settle a loss after liability has become relatively clear, but if there are genuine disagreements about percentage of fault, you may need a lawsuit to iron those out.

Fred Lee Valentine Jr

Answered
  • Ontario, CA
  • Licensed in California

A: You may need to file a complaint to resolve liability. Name all parties. If you want to discuss send me an email.

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