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Professional Advice

Foro seguro de hogar: daños de agua causados por inquilino

Sara  P.

Hi, I have a property rented and I have contracted a home insurance for the house.

A few days ago I was told by the tenant of the apartment that they had left a tap running in the bathroom sink and unluckily the sink stopper was placed, so the water ran out of the sink, on the floor and filtered through the ceiling of the lower house, causing some damage to the neighbour.

When I made the claim and specify the assessor who came to the house that the property is leased and that it was the tenant who left the tap open, he told me that the damage to my home is covered (only the sink cabinet is damaged) but that the water damage caused by tenant to my neighbour is not.

I read in my booklet that water damage is covered by default in case you do not turn off taps so I do not understand why they do not want to give me coverage. Are they right?

Thank you

Moderator, Sergio Sanguino

Dear Sara,

I recommend you to check the exact coverage and exclusions of warranties for water damage and Liability on your General Conditions, although generally almost all Home Insurances in the market will cover any damage caused by omitting the closing of taps and must be attended beyond no doubt the damage to the insured property, whether they are Building or Content (in this case the sink cabinet in the bathroom).

But the damage produce to your neighbour is different, since such damage would be compensable under the warranty of Civil Liability. That it is to say, the Insurance Co. will cover the damages you personally produce or as the Insurer of the Rebuilding or Contents that your home shall produce to a third party.

Being the property rented and not being an accident caused by your Building or Content (broken pipe, thermal breakdown pulling water etc…) but by the tenant (not closing a tap) we understand that the Civil Liability of the tenant should cover it, not the owner and insured, for it is he who makes the wrongful act of not closing the tap, so your Insurance Company will not cover the damage produced to your neighbour.

Kind regards

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