Kass: Who Bears Water Damage Loss In A Condominium

Question. I own a unit in a condominium with 180 units. Recently, my apartment was damaged as a result of an overflowing humidifier in a unit several floors above me. The unit owner whose humidifier overflowed and caused the damage reported it to his insurance company, which denied payment. Apparently, the insurance company took the position that their insured was not negligent since there was a maintenance contract on the equipment and it had been properly serviced. The Condominium insurance company would not take care of it because there was a deductible of $1,000 and the damage to my apartment was only $480.00. Unfortunately, my own insurance company would not cover the loss because I have a $500.00 deductible. I am an innocent victim of a circumstance over which I have no control. Who should bear the risk of this loss?    Read the Q&A………………