- Oct 31, 2014
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)