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Question DetailsAsked on 10/27/2015

My homeowners insurance will not cover damage done to my house due to a flat roof that is shared with a neighbor

I live in a row home and have a flat, rubber roof. My neighbor and I share the same roof. I have had my roof redone 8 years ago and also had additional work done this year. However, there is water coming into the house between the two homes. My roofer said it's the neighbors fault and my insurance said I'm not covered under the HO policy I own. I don't know what to do. The neighbor keeps saying he'll do something but nothing happens. Help

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First thing I would do is read your policy - I have never seen a policy that would not cover this, whether the water is coming in through the wall or roof or a party-wall or party-roof as in this case, though they might then go aftear the neighbor and/or his policy for reimbursement.

Second - send a certified return receipt to the neighbor demanding (nicely, but identifying it as a demand for remedy) that he take all necessary measures to stop the water from coming from his unit to yours - probably attach a copy of plumbers statement that it is coming from his side. Demand action be taken within say 1-7 days, depending on severity of the leak.

Third - if no immediate action in the requested timeframe, talk to an attorney - or if significant you could skip the Second and have attorney do a letter immediately - likely to get faster action.

In the interim, have your roofer take action to control/trap the water where it is coming in so it does not continue to damage your unit - perhaps by running it to a sewer pipe or downspout or such. You may well be able to charge this and the initial visit to the neighbor - at least any costs after you demand remedy by him.

Answered 4 years ago by LCD

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