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Alex J. Esq.
Alex J. Esq., Attorney at Law
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a person with alzeimer flooded the co-op apartment downstairs

Resolved Question:

a person with alzeimer flooded the co-op apartment downstairs by letting the bathtab to overflow. This person carries no insurance except just a general co-op insurance. If hte downstairs co-op appartment people have insurance - would that insurance be responsible for paying for thier damage?

If these people do not have the insurance Can the alzeimer person be responsible for paying for the damage to the downstairs appartment. If there is an insurance by the people downstairs -- can the other insurance go after this alzemer person for payment? Would the alzeimer person be responsible at least for paying the deductable?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Do you know if the neighbor with Alzheimer's was ever adjudicated to be mentally incompetent?
Customer: replied 1 year ago.


yes he has 24 hour household care and has been diagnosed with Alzeimer 3 years ago.

Customer: replied 1 year ago.


just to calrify - the court never made the determination that he is incompetent - but the doctor's diagnosed him with mental disorder

Expert:  Alex J. Esq. replied 1 year ago.

Dear XXXXX,

Thank you for your follow up.

If the neighbor that causes flooding, was not adjudicated incompetent by the court than this neighbor would be personally responsible for any damages that are caused due to his negligence, if such neighbor does not have proper insurance to cover the damages.

The co-op owner who has homeowner's insurance, can in fact file a claim with his insurance company for the flood damages and then the insurance company will subrogate such claim, by filing a lawsuit against the neighbor who has causes the damage.

I wish you the best of luck!

Customer: replied 1 year ago.

thank you. So the doctor's statement that the patient has severe case of alzeimer would not help in this case --right?


 


In reality --- would the insurance company go after the alzeimer patient?


 


The co-op owner can only go after the alzeimer patient for the deductable on the owner insurance policy, but not on potential increase in the insurance premium because of the claim -- right?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

1) Azhemeir's would not be valid legal defense to a claim / lawsuit for damages.

2) The insurance company is likely to pursue a claim against a person who caused damages which the insurance company had to cover.

3) Co-op owner who was flooded can actually sue for the entire amount of damages, even if the flooded owner is compensated by his insurance company.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney
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