# Water pipe serving apartment above leaked & damaged my kitchen Mgt Co says €2k exces



## blurch (17 Dec 2013)

We live in a apartment with a property above us.

The other day we came home to find the kitchen flooded. This was caused by a leak in the mains pipe that services the property above us and for some reason runs up through a duct in our kitchen. The wooden floors are starting to warp and I am sure some of the skirting boards will follow and maybe even some of the tiling.  

As this is a mains supply to apartment above, the management companies property insurance should cover this right? 

They are saying that there is an excess of €2k which they will not cover. Is this right? why should I be put out of pocket. 

I am an owner occupier and fully paid up on my management fees (if that makes a diference)

Any advise would be greatly appreciated.


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## Jimbobp (17 Dec 2013)

It sounds about right unfortunately. Apartment block policies can have high excesses so as to keep claims and the premium down. There is a contents policy you can take out that covers your contents and also the excess on the block policy, but I would think the horse has bolted in your case.


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## blurch (17 Dec 2013)

Thanks Jim, 
I have contents insurance, however I don't see why I should claim against mine. As it is the neighbour's mains and the fact that the builder did not use the right connections (still lasted 9 years) in the joint.


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## Ravima (17 Dec 2013)

You don't have to claim against your contents. If you don't, then you really can't claim against anyone. 

You can sue your neighbour, but must prove liability on him to win your case. If you win, then you get a judgement. If he is insured, you will probably collect, if he is not, then you must chase him. if you lose, then you must pay his costs.

Is the damage more than €2K? Could you not claim the balance over that amount from management company and make a case at meeting (AGM??) that policy excess be covered as a gesture?
tn


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## kkelliher (18 Dec 2013)

blurch said:


> Thanks Jim,
> I have contents insurance, however I don't see why I should claim against mine. As it is the neighbour's mains and the fact that the builder did not use the right connections (still lasted 9 years) in the joint.



Unfortunatly this is the joy of living in an apartment setup. 

Unless you can prove your nighbour has being neglegent its an accident and as the damaged party their is little you can do other than claim against the block policy/contents policy and move on. Thats what insurance is for after all. It may not be fair however that is what comes with apartment living.


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## Jimbobp (18 Dec 2013)

I hope you have the choice of claiming off your contents policy. A lot of insurer's might decide that your wood flooring is part of the building and thus the responsibility of the block insurer.


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## Seagull (18 Dec 2013)

blurch said:


> and the fact that the builder did not use the right connections (still lasted 9 years) in the joint.


Is the builder still in existence? Would it be possible to go after either the builder or homebond if this is down to defective building?


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## kkelliher (18 Dec 2013)

Seagull said:


> Is the builder still in existence? Would it be possible to go after either the builder or homebond if this is down to defective building?



builder would not be liable after 6 years (12 if the original contract of construction was sealed but this is highly unlikly).

Homebond does not cover pipeleaks (given the pirate issue its actually up in the air as to what they do actually cover)


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## kkelliher (18 Dec 2013)

Jimbobp said:


> I hope you have the choice of claiming off your contents policy. A lot of insurer's might decide that your wood flooring is part of the building and thus the responsibility of the block insurer.



This is a very good point as it differs greatly from one insurer to another

Some of them deal with it on the basis that once the item was installed by the purchaser and not in existance when the property was purchased that it is covered by the contents policy.

And others will cover it as part of the block policy wheather it was installed by the purchaser or not.


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## blurch (18 Dec 2013)

This problem had gotten worse, as my builder has noticed a more serious issue with some serious implications for the apartment above. 
Thanks everyone but this looks like it has a long long way to go.


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## Ravima (18 Dec 2013)

If the leak is above, then the 'serious implications' would probably be for those below!


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## blurch (18 Dec 2013)

Hi Ravima, The leak was about a foot above our ground floor. The water did not come from the apartment above, their main runs up a duct in our kitchen. We are certainly going to be affected but nothing like the residents above.


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## ajapale (18 Dec 2013)

Hi Blurch and welcome to AAM.

Ive expanded your title somewhat to more fully reflect your question, let me know if this is ok.

I will move this thread from  Insurance not covered in other forums to Management Companies & Apartments where it might get some more answers.

What is the estimate of the damage to your apartment?

Have you considered consulting your solicitor?

aj
mod


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## blurch (18 Dec 2013)

Thanks  Aj this issue has accelerated in to something a lot bigger and really  has made the thread redundant.  Thanks for the advice  that was given by everyone.  I have learnt a little such as tiles are not covered by contents insurance but wooden floors are as you can take them with you.


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