Insurance company served me for burst water heater saying I was negligent

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Insurance company served me for burst water heater saying I was negligent

Just over 4 years ago, I owned and lived in a condo. On a Saturday when I was out my water heater leaked and damaged the apartment under mine. I came home the same day and shut the water off. I did not have insurance. I had a electric water heater installed a few days later. A couple of months later I received a letter from my downstairs neighbor’s insurance company saying that I was responsible and I should call them. I called and spoke to a rep. She asked me a few questions including the age of the water heater. I told her that the plumber didn’t know the exact age but he said it wasn’t old and that there was no way to see it coming. She told me that based on what I told her it doesn’t seem like anything, and that was that. New Link Destination
day, I got a knock on my door, and I’m being sued for over $12,000 saying that I failed to maintain my water heat and that there was negligence on my part and also saying that I was absent for an extended period of time. Thoughts?

Asked on October 12, 2016 under Insurance Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to file an answer to the complaint(lawsuit) within the time set forth on the summons  which is attached to the complaint.  Your answer to the complaint must be filed with the court and served by mail on the insurance company.
You should retain an attorney to represent you in this matter.
If the complaint is not timely filed, the opposing party will file a default judgment against you.  That means you have lost unless you file a motion to set aside the default.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to file an answer to the complaint(lawsuit) within the time set forth on the summons  which is attached to the complaint.  Your answer to the complaint must be filed with the court and served by mail on the insurance company.
You should retain an attorney to represent you in this matter.
If the complaint is not timely filed, the opposing party will file a default judgment against you.  That means you have lost unless you file a motion to set aside the default.


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