Simple.
He wasn't negligent.
For his liability coverage to pay he'd have to have been negligent and I don't see that.
On the other hand he could be contractually responsible if his CC&Rs say so.
AKA9501, read your CC&Rs. READ them. Don't rely on what anybody else is telling you is in there. Read them for yourself.
Neither your agent or your insurance company did anything wrong to you.

