At least you aren't being sued for $800,000 for clogging up your toliet.

Like Lenny Kravitz -- Click here for the Smoking Gun

We actually hired a contractor to do the repairs, and the owner was very nick-picky about one area, which we think is a pre-existing condition (already damaged prior to our leak), but of course, we have no proof.

The reason I mention about wear-n-tear is that we had to deal with another insurance company for another floor (we occupy the top floor in our building), and that insurance company only deemed us liable for the deductible, once we proved that it was wear-and-tear (and not negligence), so I thought maybe this was "industry practice"???

But you said you paid out of pocket to repair the damages. Who hired the repairmen? You or them? If they hired them and directed the repairs and accepted your check then I think you are done with the matter.
Wear and tear is not a valid excuse. If the insurance co. sues you, they will be trying to recover the entire amount not the deductable.

Hi all - would appreciate if someone can provide some advice on this:

My kitchen had a leak (a wear-and-tear, and not negligence) and caused water damage to the appt below (kitchen and adjacent bedroom). Unfortunately, I did not have home owners insurance at the time.

I paid out of pocket to repair all the damages in the kitchen and bedroom downstairs, but the owner was not happy. We were not able to resolve it, and the downstairs owner reported it to his home owners insurance.

The insurance company came in, reviewed and decided that I'm liable for all the damages.

So my questions are:
1. Given it's wear and tear, am I really liable for the full damage amount, or just the $500 deductible (to cover the out-of-pocket expense for the downstairs owner).

The insurance company claims that wear-and-tear doesn't make a difference, and that i'm liable for the full amount (close to $2000), and so, they're saying if we don't pay in full, they're taking us to court (and of course, we'll have to pay legal expenses, etc), so:

2. Would they really take us to court for $1500?

Thanks in advance for any advise / experience in this.