Condo l insurance and water damage to neighbor

[Jacob Stephen]

Does homeowners insurance cover leaks from one apartment into another? I live in a condo. Water leaked from my toilet to the downstairs apartment. Not sure how much but there is at least some sheetrock damage. The neighbor was understandably upset so I’m going to wait for him to let me know the damage. I was looking through my policy and I’m not sure which line item covers the water damage to my neighbors apartment. Building property protection. Personal property protection. Family liability protection

[Timothy W.]

Jacob, 

Typically the downstairs owner would have to establish that you were negligent in order for your liability coverage to kick in for repairs to his unit.  As it stands, it's on his first party insurance until you're determined to be liable, if that happens.  Your negligence would be established in the "why" your toilet leaked, not in the fact that it did.  This can be superseded by state law - I don't think that's the case in NY.  At least it wasn't when I last handled claims there but it's been a couple years.

Tim