Does an Illinois condo owner have to submit a claim on their own insurance even if damages were caused by another condo owner's water leak?

Answer 1

This kind of unfortunate situation that occurs in multi-family housing must be addressed on two levels:

• First, identify the source, stop the leak, repair what's causing it, and clean up the damage.
• Second, pay for identifying, stopping, repairing and cleaning up.

Generally, water and its damage trespasses beyond the source of the water and passes through several layers of ownership, including the association's common elements -- walls, ceilings, floors.

Best practices dictate that the association become involved as soon as water is detected as free-flowing within the structure. Sometimes, an owner knows immediately that the bath has overflowed, the aquarium has burst, the window leaks, and so forth. Other times, the water is only detected when the owner below or beside the source notices bubbles in the ceiling.

Regardless, at first sight, involve the association. Water damage demands immediate attention, because of its exponential damage if left unattended: mold always develops and mold is generally excluded from insurance coverage.

Once the association is involved, the master policy holder becomes involved. Your association is responsible for involving your HO-6 policy carrier, so that if your coverage is engaged, it's done by the master insurance policy holder.

If, however, your unit is the source of free-flowing water, your policy may be responsible for primary coverage.

Contact your broker and report the precise details of your situation for a more precise answer to your individual question.