Patricia A. Davies, contributor
It’s not my fault, Why do I need Insurance?
Question: The flood in the bathroom from a plumbing break was not my (the tenant’s) fault, why should I or my insurance company pay anything?
The damage caused by this broken pipe within the wall of an apartment style strata/condo included:
• The pipe (near shower) was broken
• The wood floor in the bathroom, hallway and part of the bedroom swelled and was removed
• The dampness caused swelling in some of the tenant’s wood furniture and
• The drywall within the unit and along the outside walls required removal for about two feet up.The Strata Corporation, the unit owner and the tenant involved all said that they had insurance policies; but the tenant has not advised their insurance company—a full month after the incident.
For the purposes of this claim:
• The tenant owns her belongings including all furniture
• The strata lot owner owns improvements installed at their cost. In this case, the wood floor and the upgraded tub and fixtures.
• The Strata KAS## owns fixtures built or installed as part of the original construction, common areas of the building including hallways, plumbing pipes within walls or shared by more than one unit, drywall and original flooring. The council and/or their strata manager also often work to assist adjoining owners in repairs caused to adjacent units.
Action was taken by the strata manager several hours after the initial dripping was reported and a restoration company was called in to clean up and put the dehumidifiers in place to take as much moisture out of the unit as possible. It took several hours to find the water shut off and this also added to the water accumulation in the unit.
In this situation all three insurance companies should be notified as there are overlapping responsibilities. It is an insurance adjuster’s responsibility to interpret each policy and determine the specific responsibilities based on your purchased coverage. In general each policy should cover the following:The tenant’s insurance covers the tenant’s belongings being moved out and put back and damage to any of his/her items. If needed, temporary accommodation will be provided for a specified period.
The strata lot owner’s insurance should replace the wood floor, baseboards and tub fixtures as they are not original to the unit.
The Strata KAS### insurance will pay for replacement of the original construction including the drying out and replacement of any drywall and the plumbing within the wall.
Due to the tenant’s insurance not being notified, the tenant’s belongings including heavy furniture were not moved. The moisture in and around these items could not be measured and is unknown. All drying of areas that were accessible are completed. Replacement of the wood flooring cannot be completed until the furniture and belongings in three of the rooms can be relocated. The timing for this is currently unknown as the tenant’s adjuster has not been assigned, and they are unwilling to pay the moving costs personally.
It is important to note that fault is not an issue in this case. Each party has their own responsibilities.
A successful claim, resolved in the most efficient manner requires the cooperation, understanding and patience of all parties.
Patricia A. Davies is a property manager with RE/MAX Kelowna.CPM®RE/MAX Kelowna Property Management 250-212-1167 patdavies@kelowna.remax.ca
