Quote Quoting adjusterjack
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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.

MAYBE. Failing to ensure there is adequate heat to ensure the pipes do not freeze can be considered negligence. It depends on the totality of the circumstances.



but arguing he was not negligent, then he has NO liability at all as this is an act of God and as such, to each their own damages.

barring any contractual issue of course but since OP apparently read nothing he ever signed, I figured it would be a waste of time to ask about any contracts.

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Quote Quoting adjusterjack
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Judges (and juries) don't find people negligent just to activate liability insurance. In fact, any mention of insurance is inadmissible in court and could likely result in a mistrial.
that depends on who is suing whom and what the issue is. Obviously if the client is suing the insurance company, which may be a result stemming from this issue, insurance will most likely be mentioned in court. There are other reasons insurance can and will be brought up in court as well, including when establishing damages.

and depending on what OP intended to purchase regarding insurance, the agent may very well have done something wrong to the OP. Agents don't carry E and O insurance for nothing.

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Quote Quoting aka95001
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i wanted to clarify my original statement .
"the tenant left the unit and she left the heat at 45-55 per my verbal communication, she was gone for two days.. the temperature has been really low in the past few days.. "
what i meant to state was
"the tenant told me she left the unit and the heat was set 45-55, the communication was after the damage, she was gone for two days.. the temperature has been really low in the past few days.. " this was to understand why the unit had damage.. i wouldn't tell her to set the heat at that temperature when my house is always set at 62 when we leave
sorry for the confusion.. i am not trying to blame anyone just looking for options. Hope to expect professional responses.. if my case requires additional details let me know.
Regards,
Ajay


so, since you want to reqwrite everything:


were you aware the tenant was intending on being out of the apartment before she left?
are there any directives in your lease concerning the heat in any way or notice of leaving the unit vacant for ANY period of time?