Insurance question: Who pays (Tenant or Tenant's insurance)?

If I were the tenant's insurance company I would say to you: prove it.

It sounds as if your proof is the mere word of your super and plumber; therefore, I would tell you to take a hike.

I guess you could pursue this in court if you want but, again, as the insurance company, I am more well capitalized than you.

Taking off my hat as the insurance company and just providing some friendly advice: pay for the damage yourself, and chalk it up to one of the costs of owning real estate. Confer with your accountant. Perhaps it can be deducted from taxes.

But getting a tenant's insurance company to pay for this? Doubtful.

fakeestate: You forget I hold tenants' security deposit. I will not be the one left holding the bag, it'll either be tenant or their insurance co. (makes no difference to me).

My question is really, is damage that is caused by a policy-holder's negligence generally considered a covered loss?

If someone rear-ends your car (their fault) do you just pay for the damage and just "chalk it up to the cost of owning a car"?

fakeestate=knucklehead

Wow, insulting the person that offered an answer to your question is pretty low. Best way for others to not take you seriously and offer their advice.

10neWone=knucklehead squared

From the damaged party's perspective, the apartment owner above is responsible and that is whom I'd go after if I were flooded. I wouldn't give a hoot who you had staying in your apt or what agreement you had with them--that's something for you to work out, not me. If I were you, I'd work it out with the tenant while trying to keep insurance companies out of it. What liability you tenant technically has would first be determined by the terms of the lease you have with the tenant. If you don't have clauses in the lease for damages resulting from tenant negligence, that's your bad. Of course, you do have the security deposit, but what do you think the chances are the tenant will pay you the last month's rent?

qwerty -- this is another incarnation of your deplorable bad-caulking-job-where-grout-should-be thread: http://www.streeteasy.com/nyc/talk/discussion/4619-secty-depsit-charge-tenant-for-re-caulking-tub-bc-mold-

You are responsible for installing and maintaining flooring appropriate to the room's use. In this case, a properly grouted bathroom floor that can hold a little puddle in the likely event that a shower-curtain doesn't perfectly seal off the water from the shower. Fail.

And I'm not convinced that the damage is from that at all. What have you done to rule out a plumbing leak (I'm not assuming that's what caused it)?

Finally, two or more minor claims to owner/renter insurance results in astronomical increases to premiums, if not outright blackballing.

btw, your tenant is probably trying to get some air circulation in the shower area to prevent mold on the out-of-place caulk.

Whoa, alanart. Nice catch. Forget that older thread until you mentioned it. Qwerty, leave everyone alone and just maintain the darn apartment and quit beating up the tenant.

alanhart: Wow. what a memory! and a very witty response too. Seriously.

(This is a new tenant).

I agree re damage not likely being from this at all. The sponsor unit below has damage that I suspect the building is trying to blame on me/my tenant rather than the real responsible party--the sponsor (there is no way the type of damage alleged could be caused by a few splashes getting past the shower curtain).

That said, I'm totally covered by lease terms re tenant's negligence.

qwerty = JERK

please post where your apartments are so I'll make sure not to ever, ever rent from you.

READ YOUR POLICY and the LEASE