Leaky apartment problem

Our Experts Answer:

Based on the information supplied it appears the damage to both areas of your apartment is being caused by structural design defects in the building itself. Unfortunately this type of damage is excluded on all home insurance policies. Depending on your policy (and assuming you are insured) the resultant damage to other parts of the property when the original event happened may have been covered, but only if it was a sudden and accidental. When the loss first happened, there was probably not any real damage caused but now this has festered over time and is therefore classed as gradual damage. Most policies do provide a limited amount of cover for hidden gradual damage but only in certain situations (i.e. leaking from hidden internal water pipe and water systems etc) and unfortunately the type of damage you have sustained does not appear to fall into this category. Whilst there may be no obligation in your cross lease there should be a common law duty of care owed by the owner of the apartment above not to cause damage to its neighbouring apartments, and therefore this is more of a legal issue than an insurance issue.