Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > REAL ESTATE and PROPERTY LAW > Other Real Estate Law Matters

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 02-25-2016, 02:31 PM   #1
Sunbow135
Junior Member
 
Join Date: Feb 2016
Posts: 2
Default tenant turned his heat off and froze a pipe

New York state. My tenant turned his heat off and subsequently froze a pipe which burst and ran water for many days. Can the insurance company deny a claim due to his negligence?
Sunbow135 is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-25-2016, 04:15 PM   #2
Disagreeable
Top Level Member
Country:  
Disagreeable's Flag is: United States
 
Join Date: Oct 2012
Posts: 15,484
Default Re: property question

It is him and his insurance ultimately which should be paying the bill. Yours should be structured to cover stupid acts of tenants, unless you did not get the full package. that way they fix it, then sue him.
__________________
Due to a recent promotion, I should now be referred to as Major Obvious.

I would not be trying to provide information and knowledge if I did not sympathize.

Some days it is just not worth chewing through the restraints to face life.
Disagreeable is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-25-2016, 10:51 PM   #3
Sax
Top Level Member
 
Join Date: Dec 2013
Posts: 607
Default Re: tenant turned his heat off and froze a pipe

Quote:
Originally Posted by Sunbow135 View Post
New York state. My tenant turned his heat off and subsequently froze a pipe which burst and ran water for many days. Can the insurance company deny a claim due to his negligence?
Are we left to guess as to whose "insurance" and what insured coverage your are talking about!? Geez!
Sax is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-25-2016, 10:55 PM   #4
Sax
Top Level Member
 
Join Date: Dec 2013
Posts: 607
Default Re: tenant turned his heat off and froze a pipe

Quote:
Originally Posted by Sunbow135 View Post
New York state. My tenant turned his heat off and subsequently froze a pipe which burst and ran water for many days. Can the insurance company deny a claim due to his negligence?
Are we supposed to guess as to whose and what "insurance" coverage you are talking about?!

Of course that is a specialty of Disagreeable (the site's pretentious, self-proclaimed legal guru) as everything he writes in this Q&A law forum is pure guesswork.
Sax is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 02-26-2016, 12:06 AM   #5
Disagreeable
Top Level Member
Country:  
Disagreeable's Flag is: United States
 
Join Date: Oct 2012
Posts: 15,484
Default Re: tenant turned his heat off and froze a pipe

We are often left with hypotheticals' and deal with it.
__________________
Due to a recent promotion, I should now be referred to as Major Obvious.

I would not be trying to provide information and knowledge if I did not sympathize.

Some days it is just not worth chewing through the restraints to face life.
Disagreeable is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 09-02-2019, 11:30 AM   #6
TED D
Guest
 
Posts: n/a
Default Re: tenant turned his heat off and froze a pipe

Quote:
Originally Posted by Sunbow135 View Post
New York state. My tenant turned his heat off and subsequently froze a pipe which burst and ran water for many days. Can the insurance company deny a claim due to his negligence?


Who does pay when that happens?
I assume the tenant ultimately is responsible but what if he cant pay?
Can our/my property insurer deny the claim?
I am the LL.
  Reply With Quote


Did you find this post helpful? Yes | No
Old 09-02-2019, 05:58 PM   #7
adjusterjack
Top Level Member
 
Join Date: May 2016
Posts: 1,725
Default Re: tenant turned his heat off and froze a pipe

Quote:
Originally Posted by TED D View Post
Who does pay when that happens?
I assume the tenant ultimately is responsible but what if he cant pay?
That's one of the risks you take when you own a rental property.

Quote:
Originally Posted by TED D View Post
Can our/my property insurer deny the claim?
I am the LL.
Depends.

Most landlords cover their rentals with a DP 3 - Dwelling Property Special Form or its equivalent. Here's what it says about freezing:

Quote:

2.
We do not insure, however, for loss
Caused by:
Freezing of a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or of a household appliance,
or by discharge, leakage or
overflow from within the system or appliance
caused by freezing. This provision
does not apply if you have used
reasonable care to:
(a) Maintain heat in the building; or
(b) Shut off the “water” supply and drain
all systems and appliances of “water”;
"You" in this context is defined by the policy as:
Quote:

In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the spouse if
a resident of the same household.
What "reasonable care" did "you" take to comply with (a) or (b)?
That your tenant turned off the heat doesn't absolve you of your policy obligations.
adjusterjack is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 09-02-2019, 10:16 PM   #8
TED D
Guest
 
Posts: n/a
Default Re: tenant turned his heat off and froze a pipe

Hmm...

I will review all the papers carefully. I may have to make some changes in my contracts and coverage. And have a lawyer review.

Thank you!!
  Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

This thread has 7 replies and has been viewed 747 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
3blox.com accused me of cheating/froze acct. & $ kurttripper Other Business and Finance Law Issues 1 09-20-2012 11:00 AM
No heat in winter! Manager won't fix heat promptly. sethro Landlord vs Tenant Issues 2 01-04-2012 11:13 PM
Landlord has turned off the heat and the power to her bathroom Darc Landlord vs Tenant Issues 2 01-04-2012 01:48 PM
For BP, Heat Getting Turned Up on Criminal, Civil Fronts WSJ Law Blog International Law News 0 06-02-2010 08:10 AM
Heat Gets Turned up on Immigration Firm WSJ Law Blog Law News 0 09-05-2008 03:11 PM




All times are GMT -5. The time now is 05:47 PM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2019 by LegalJunkies.com