Hello all! First time posting here and super excited to interact with you all! I've been dealing with a claim with my homeowners insurance in NJ and was just hoping to do a gut check with you guys. Obligatory nobody was hurt in the course of the following events.

    I have a condo in a NJ high rise. Per building manager (via email blast), my downstairs neighbor was burning a candle on his balcony and at some point started a small fire. Per the fire department (via incident report), when the fire dept. arrived, they found my neighbor asleep inside his unit. The fire dept. needed to clear my unit to make sure the fire hadn't spread, but since we weren't at home, they broke down my door and rendered it unusable. Disappointingly our building superintendent was just standing next to them the whole time with the master key to my unit , but according to him they never interfere with the emergency responders unless they're asked for something.

    So I put in a claim with my homeowners insurance to secure the damaged door and replace it, but my adjuster said he doesn't think there is a case for subrogation and I will be on hook for my deductible. He said they only do subrogation for cases where the damage is "intentional". My building manager thinks this should be a slam dunk case to subrogate my neighbor's insurance. My adjuster has all my HOA's bylaws and it doesn't seem that my front door is a common element, HOA is off the hook.

    Does my adjuster sound correct? Does leaving a candle burning and going to sleep not qualify as negligence?

    Neighbor started fire and fire dept broke down my door, but my insurance doesn’t think we can subjugate
    byu/imaluckyduckie inInsurance



    Posted by imaluckyduckie

    2 Comments

    1. Outrageous_Ad_5843 on

      Your building manager is a layperson with 0 insurance knowledge
      What makes you think they know anything

      FWIW I agree with your adjuster

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