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Professional Advice

Foro seguro de hogar: Daños por agua a un familiar

Isaac M.

Hello, I have a house insured with Mapfre and this holiday I had a burst pipe in the bathroom which filtered water to the lower house, owned by my brother and causing damage to the bathroom´s ceiling and hallway.

When I made the claim against my Insurance they told me that they would attend my damages but not the water damage caused to a family member as it is not considered as “third party” according to the General Terms of the Insurance policy.

Are they right?

Thank You


Moderator, Sergio Sanguino

Dear Isaac,

Indeed in the General Terms of the Policy states that “Third Party is any natural or legal person other than the Insured or Policyholder” but are not considered as Third Party “persons living with the policyholder or relatives to the third degree of consanguinity or affinity of that or of the insured”.

That is, your brother would not be considered as Third Party in terms of the effects of the Policy, but the General Terms derogates in claims against Civil Liability, where family members are considered Third Parties when there is a loss arising from Fire or Water Damage and damage occurring to adjacent houses whose owner or tenant is such familiar.

So, you should contact Mapfre and tell the person in charge of the claim the indicat above.

Kind regards.

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