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Professional Advice

Foro seguro de hogar: daños por agua que afectan al vecino

Simon P.

Hi, I have townhouse with a pool in the garden and the corresponding home insurance.

A few days ago the house´ adjoining neighbor told me he has some moisture in the walls of his basement, and that he called a plumber who has told him that he has no broken pipe, so it is possible that the leak is in my home. As both Home as are on slope and his is next to mine, we checked if I also had some type of moisture.

All I see is that the pool has significantly lowered the water level, but this usually happens and we fill it at the end of each summer season.

I contacted a reparation company whom after making several checks in the pool confirms that effectively the pool is losing water, which goes to the next house.

But after lifting of the land and the coronation stone of the pool, they determine that the failure is not a failure of the sewage pipe or skimmers, but is the cockpit area of the skimmers that is not sealed properly together with the base of the pool and therefore the water leaks.

That is, it is a Building defect, and when I indicate this to the insurance Co. they told me that the Insurance has no coverage for this.

What can I do? Are they right?

Thanks.

Moderator, Sergio Sanguino

Dear Simon,

Let´s see, there are two damages:

1. Damage caused in your pool which relate to the location of the fault (digging of stone and ground to locate the fault) and self-breakdown reparation (proper sealing and waterproofing the interior of skimmers). These damages actually would not be covered through the home Insurance Policy because it is a Building defect so you must claim against the pool´s Builder as responsible for the damage.

2. Damages caused to the house of your neighbour. In this case we are dealing with a case of Civil Liability that your Insurance Co. should attend, without prejudice to later claim against the Builder.

Get your quotes for the reparations and insist to your Insurance Co. to take note of the incident and to send an assessor to value such damages, surely they will attend at least the damages produced to your neighbor.

Kind regards.

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