Hi, I have an apartment subject to Horizontal Property Regime, and a few days ago we were warned that the owners of several storage rooms located in the basement, where the garage is, were damaged due to a broken pump which had produced a flooded area so we should see if water had entered into our storage.
In fact, when we got access to the storage we observed that many of the furniture and things that are kept there were ruined by water.
The Community Insurance indicates that as the incident was caused by a malfunction of the pump itself, they are not responsible for such loss.
Are they right? Can I claim on my home insurance?
Moderator, Sergio Sanguino
The Insurance for the Community is not right. It is true that as it was a failure of the pump itself what caused the pull of water, to repair it, it is the responsibility of the insured (the Community of Owners) because the insurance does not cover malfunctions or failure of own devices. But the water damage that it produces must be attended within the Civil Liability coverage.
Whether to claim to your insurance or not is up to you. Please note that the Insurance of the Community will compensate the damaged objects by applying a depreciation for its use and age, i.e. they will compensated them as used, while your home insurance will compensated them at replacement value. In essence, the price that the damaged item has on the market on the day of the incident, regardless of age ( though you must check if your policy covers at replacement value as it is a generalized rule but some policies do not have this coverage)
I am very worried as on September 29th it rained so much (83 liters per m2) that water entered through the two windows of the rooms inside of my apartment coming from the courtyard…… the parquet was brand new and now it is all bulged and 5 doors have been affected by humidity.
Since that day me and my partner are fighting against our Home Insurance to cover us.
First of all we contacted La Caixa where we have our home insurance (Seguraixa), and they told us that as water came from the courtyard we should claim on the Community´s insurance. Then the assessor from community came and said that it is “consorciable” so the Assesor from the Consortium came and it seemed that all was well (invoices, we signed mutual agreement) and when the assessor provided the file to the Consortium they said it was not “consorciable”. We returned to the Community´s Insurance and they refused it as well as it is something we have to claim against our private insurance.
At the moment, the assessor from La Caixa came and we are waiting for a response, but we are all nerves, as they have always said no, and we have nowhere to go.
Looking at the policy and the conditions, they should have to cover it and we are even asking for aesthetic damage for the other doors not affected.
We are also afraid because people say that La Caixa is not paying anything currently… but if you have flood insurance cover and it covers 100% they should not deny.
What do you think? Do you think we are covered? Do we have to be concerned?
Thank you very much and best regards.
Moderator, Sergio Sanguino
We would need to know the exact place from where the water comes from and according to your message we have two choices:
1st Water falls into the inner courtyard, and the sump does not cope with swallowing all the water so it increases the level until it reaches the height of the windows, entering through the joints into the House. The Courtyard cover would be the responsibility of the Community of Owners’ insurance.
2nd If Water filters through the frames of the windows due to the big amount of water fell for the big rain; your Home Insurance should cover it. Should you have contracted aesthetic damage cover, your Insurance should also attend those damages up to the limit established within your policy.
As you mentioned, the insurance Assessor has already been to your home, so now you should waiting for final report. If this is negative for your interest, you must request that the denial of the claim is MOTIVATED, which means that they should explain the reason why the claim is not covered. Otherwise, it will generate helplessness. And once that is done, it is recommended that you contract an Assessor on your behalf so you can check different opinions. At this step, you must inform the Insurance Company in writing the services contracted with your personal Assessor, stating the name of the Assessor, the date of claim and your details indicating that you are referring to what it is expressed in art. 38 of the Insurance Contract Act .
What seems clear is that as water came from an inner Courtyard the Spanish Consortium will not take care, as it is one of the exclusions reflected within their general term.
Hi all, I explain my case:
I have a brand new smartphone (just a month) and while I was at the house of a relative his son took it (it was on a table) and flew it away …, and now it has a shattered screen.
She told me that she could make a claim against her insurance as she thinks that it might be cover (reparation is about 150 €). Before doing so, I preferred to check about it because I understand that the insurance cover the goods of third parties that are not in the hands of the insured (in this case I do not know if the hands of her child counts), for instance should I had fallen or had had an accident, right?. If it is covered, would this increase the premium of the policy?
Thank you very much and greetings to all of you.
Moderator, Sergio Sanguino
The incident is a clear sample of Civil Liability, where it has nothing to do with the insurance of the insured, but to the person causing the damage.
Home insurance (Family Civil liability) of the causative will cover the liability of the insured and of the people who depend on her (the son, who is responsible for the damage) with no problem, except in the degree of relationship that has the father of the child with our insured. That is, you have to look at the General Conditions of the policy of the causative, in paragraph where exclusions are indicated, where it will appear that the damage caused to family members are exclusions until the third degree of consanguinity. So depending on the degree of kinship of the causative producing the damage to the victim or the incident it might be covered or not.
Regarding the increase of the premium it will depend on the rules of each Insurance Company but bearing in mind that it will always be the policy of the causative.