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Martinique
Property or liability insurance?
I rent an apartment. I flooded the parquet floors (my own fault). They will have to be replaced but my insurance refuses to pay on property insurance because the floors are not MINE. They say the floors belong to the owner. Can I claim this on the liability part of my insurance?
                     
 




mbrcatz
Well, YOU can't get paid for a liability claim - only the injured party, in this case, your landlord, can get paid.

Several things have to happen for the liability to pay - 1. There has to be damage. Clearly, there is. 2. it has to be unexpected or unintended. 3. It has to be YOUR FAULT. That means, you contributed to it. and 4. it has to be not excluded under the policy.

Under the standard renters policy, one exclusion is, damage to premises rented to an insured. Oops, that's your apartment. If the landlord sues you, this isn't going to be covered under your renter's policy.

Sorry. You're going to have to pay out of pocket. Or maybe your landlord has coverage, depending on how the water damage happened, under his building coverage.

**Oh, for the question. This is a PROPERTY claim, under your landlord's property policy, unless you bought "improvements and alterations" coverage on your policy, and installed the floor in the first place.**


hirebookkeeper
Did the apt complex tell you to contact your insurance company? Usually rental insurance only covers the contents. The apt complex feels you caused the problem and that you should pay for it.


fth106
Your claims adjuster is correct in that this is not a property claim. Your liability, on the other hand, is for damages to people or property that you are legally liable for. It would be my opinion that you could submit this as a liability claim and have it covered. Most personal liability doesn't have a deductible.


jack w
Rating
Sit down with your insurance agent and ask the question. Also read the policy carefully, they just might be trying to avoid their responsibilities. You might even need the advise of an attorney.


tlbs101
This is not a legal opinion, but a personal opinion:

If the apartment owner were to sue you to replace the floor, then you could claim it on your liability. Alternatively, the apartment owner could just submit a claim to your liability underwriter. You would have to pay your deductable.

I agreee with Jack W, too (above).

.


amust2407
You will need to read you OWN policy, but I'll tell you what the liability portion of MY renter's policy states.

Under the section: "What is not covered"
"Property damage to property of others occupied or used by an insured or rented to or in an insured's care, but we will cover liability for damage to the property of others caused by fire, smoke, or explosion."

This means that under MY policy, there would be NO COVERAGE for the events you have described. But like I said, YOU need to check YOUR policy to see if the language mirrors this.

If I were you, I would tell your landlord to file it under HIS policy to see if there's any coverage. Hopefully he has something more than a standard fire policy. If he doesn't have any coverage, looks like you may have to pay out of pocket. Sorry!!


used2bpale
no. unless your sued by the apartment complex, then maybe.


bonniejac17
Thats not true Renters Insurance covers parts of the dwelling and personal property!!! Contact your agent and ask them for a renters info packet!!!! Or you could call us and let us help you? Allstate Insurance
30-694-8446


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