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gardenerlorisc_ia

Who pays deductible on homeowner's insurance?

Kind of convoluted here so let me explain as succinctly as I can.

I was selling my home and moving closer to a man I had a serious relationship with. The house sold so I went about finding the new house. Buyers backed out on my house so I would not be able to buy the new house so the daughter of the boyfriend decided to put up the funds so I would not lose the house. ( She has a very substantial income and is making much better ROI than she would get anywhere else.

The house is titled in my name, hers and the (now ex) boyfriend!

I have 12 months left of a 42 month pay off.Then they will sign it over to me.

The former boyfriend agreed to pay for the homeowner's insurance and I have a renter's policy with another company. He has paid for the policy faithfully and with no complaints.

A loss occurred due to damage from a dishwasher leak, might be a very substantial claim.

The ex boyfriend is now trying to say since I am the resident and primary owner of the house that I need to pay the deductible. Since he is the owner of the policy I believe he has to pay it.

Thanks in advance for any help!

Comments (21)

  • mike_kaiser_gw
    9 years ago

    In a traditional landlord/tenant relationship damage caused by a leaking dishwasher would be the responsibility of landlord unless maybe you did something to cause the leak. Do you have a lease?

    Since family (and ex-family) are involved it's a little more complicated. I don't know if there is a "right" answer other than trying to keep the peace. Maybe offing to split the deductible would be appropriate. If I'm understanding you correctly, in a year you regain title to the home? So those repairs will benefit you in the long run, not your daughter or her ex-boyfriend.

  • gardenerlorisc_ia
    Original Author
    9 years ago

    To clarify, It is my ex boyfriend and his daughter provided the funds to buy the house and there is no contract or lease, just verbal, which is fine with me. I am retired and on Social Security so it would be a stretch for me to pay it.

    The dishwasher was installed in Jan 2013 to replace the old one which died shortly after I moved in.

    There is no relationship with them anymore; it ended very badly between he and I and she gets her payment every month.

    It is true that it will benefit me in the long run but he elected to pay for it.

    It has not been determined whether the dishwasher was not installed properly or the part failed but I certainly did nothing to cause the damage. A repairman is scheduled for tomorrow morning to get it fixed. It has been requested that the part be retained so the insurance company can get it tested to determine if it was at fault or it was a problem with the installation.

    Thanks for your response. I hope I hear from others.

  • Charlee_MO
    9 years ago

    Maybe you'll get lucky and the part is faulty and the dishwasher manufacturer will need to pay.

    Whose name is the insurance policy in?

    I re-read your post and you are the one living there now? If so, I think you should pay the deductible. Assuming the loss is over the cost of the ded.

  • gardenerlorisc_ia
    Original Author
    9 years ago

    Thanks, I really don't know the answer as to who is the insured on the policy.

    The damage might be way over the deductible as all the subfloor and laminate in the dining room is saturated as is all the insulation and the floor joists. Also the bottoms of the base cabinets are wet as is the subfloor under the ceramic tile in the kitchen.

  • dekeoboe
    9 years ago

    The house is titled in my name, hers and the (now ex) boyfriend!

    Since the three of you own the house, it would appear to me that the three of you are responsible for the deductible on a homeowner's insurance policy.

    Curious, how do you have a renter's policy on a house you own?

  • christopherh
    9 years ago

    You're the one living there. You have no relationship with the ex anymore. As far as I'm concerned, he did you a big favor by paying for the insurance, so you can at least pay the deductible for the damage to the home you live in.

    I sense there's still a little bit of bitterness towards him.

  • sunnyca_gw
    9 years ago

    I would check the Internet to see if there were any recalls on that dishwasher model. That; sounds like a lot of damage, surprised no one noticed until so much damage was done. Your house so the owner of house usually pays ins. & for all repairs. You got lucky & somebody else paid some of those bills for awhile. If you press him for the deductible he may quit paying for the ins. & then you will get to pay for that also. Don't make him angry! Good Luck!

  • gardenerlorisc_ia
    Original Author
    9 years ago

    Ok, The insurance company set the policies up as homeowner (him) and renter (me).

    I am going to get a homeowners policy so he does not have to deal with it anymore. So, obviously I was wrong!
    It is likely that the deductible will be returned since it appears the valve was bad.The valve under the dishwasher was dripping steadily when the repairman came to repair it so most likely the mfg will be on the hook for the damages.

    Nothing was detected since the ceramic tile was put in after the dishwasher so was just butted up against the front of the dishwasher and the dishwasher was set directly on the plywood subfloor. There was and still is no indication that the ceramic tie has any damage under it but it is presumed that all that subfloor under the ceramic tile is bad, too. So, it will be all new subfloor and flooring in kitchen, laundry room and bath and subfloor and flooring in the dining room with possibly new cabinets as well.

    All the contractors in my area are busy through the New Year so it may be a long wait but at least the damage is now contained.

    Thanks to all who had comments; even those who thought there was bitterness yet, which there is not. He and his new gf/wife stopped by and it was all very friendlyl.

  • millworkman
    9 years ago

    The damage may be contained but unless you get all the wet material out you will be more than likely living in a den of toxic mold..........

  • gardenerlorisc_ia
    Original Author
    9 years ago

    Thank you, it had occurred to me before but I had put it out of my mind.

    You are right. I am susceptible to mold so I better find someone quickly.

  • sunnyca_gw
    9 years ago

    If you live in very humid area it will mold faster so I think you need to press people responsible for damages, tell them you have allergies but back it up with proof from your dr. My DD woke up one day to discover floor in kitchen flooded & all the way down the hall. Pipes were in concrete floor so it was really a mess & took months to take care of. spending some nights in motel as her kids have allergies& their ins. insisted they leave. Hope yours is less involved!

  • gardenerlorisc_ia
    Original Author
    9 years ago

    I am having trouble finding a contractor as they are all extremely busy getting outdoor stuff wrapped up before weather gets bad.

    I think I will put a dehumidifier and a fan under the house (crawlspace rather than basement) to see if I can keep the mold at bay.

  • ken_adrian Adrian MI cold Z5
    9 years ago

    i am surprised homeowners insurance pays for this ... are you sure???? .. sounds more like a renters ins policy that the renter takes to protect the landlords property .... but you can buy ins for any risk you wish ...

    have you tried calling a water damage firm ... i googled servpro ... and came up with services such as at the link ...

    bet they move a bit faster than general trades .. since their trade is based on instant reaction ....

    the daughter did you a big favor.. you hate the man ... i would tend to TRY.. not to screw the daughter ... dont you think????? ... but i have no clue how to advise you ..

    good luck

    ken

    Here is a link that might be useful: link

  • ingeorgia
    9 years ago

    "To clarify, It is my ex boyfriend and his daughter provided the funds to buy the house and there is no contract or lease, just verbal"
    this is what would scare me ! IMHO you should definitely have in writing, that you are to obtain sole ownership of the house after the pay out/off. I agree with sunnyca you should pay the deductible and not antagonize your ex or you might end up a bigger loser.
    Surely hope you get the mess cleaned up soon and have no more problems!

  • gardengal48 (PNW Z8/9)
    9 years ago

    In a typical landlord/tenant situation, the landlord holds the homeowner's insurance policy, covering any damage to the structure and its fittings. Rental insurance covers only the renter's personal property - it is not for the homeowner's (landlord) protection but for their own. Should a fire occur, the homeowner's insurance will pay for the reconstruction of the home but unless the tenant has rental insurance, none of their furniture, goods, personal property, etc. are covered.

    I'm glad the damage will be covered by the appliance mfg. And given the situation, seems like you assuming the homeowner's insurance coverage is a good idea.

    Until more complete repairs can be made, the humidifier is also good idea. Won't get rid of any mold that may already be there but will prevent its spread.

  • pprioroh
    9 years ago

    This whole setup is a legal disaster waiting to happen.

    It sounds like your ex is doing you a favor, and as this is NOT a typical landlord/tennant situation (where he is profiting for your rent) it is only right that you pay the deductible IMO.

    What is legal - who the hell knows given that mess of a situation, but probably any or all of you would be liable.

    Put yourself in his shoes and think about it.

  • gardenerlorisc_ia
    Original Author
    9 years ago

    I have already made it right with him, will be getting a homeowners policy so he does not have to cover it and will be paying the deductible on this loss. It is a good possibility that the manufacturer of the dishwasher will be litigated against so the deductible may not be necessary. I retained the faulty part for the insurance company.

    I admit I was wrong ( geez, I hate when that happens, lol). And, it is the right thing to do to reimburse him for the past premiums he paid.

    Also, got a dehumidifier and a heavy duty fan going down in the crawl space.

    Thanks to everyone for setting me straight!

  • live_wire_oak
    9 years ago

    The typical appliance warranty period is 1 year. Since the DW is almost 2 years old now, I would be very surprised if they were on the hook for any of the remediation costs.

    Since you are a part owner on the house, I don't see how a renter's insurance policy was even granted by an insurance company?? But, since you are the part owner, and current occupant, it's only fair that you pay the deductible, since he's paid all of the premiums.

    Please seek the services of a local attorney to sort this quagmire of owners and non written contracts out. Without something in writing, the last payoff to the daughter could happen and you still not get full title to the house. You need something written and signed by all parties for your protection.

  • airqual_guy
    9 years ago

    "The typical appliance warranty period is 1 year. Since the DW is almost 2 years old now, I would be very surprised if they were on the hook for any of the remediation costs."

    An appliance warranty covers only repair/replacement of the appliance due to a product defect, and does not limit liability for other damage beyond the warranty period.

  • gardenerlorisc_ia
    Original Author
    9 years ago

    Hmmm, a defective part would not make them liable? Even after the warranty has expired? The insurance company seemed to think so. And car companies are held liable for car parts that are defective. Time will tell.

    The insurance company set those policies up so it was apparently alright with them.

    He assured me in an email (which I have saved; and if that is good enough for Judge Judy it is good enough for me) that he would do everything right to get the house restored to it's prior condition and when it is paid off that he would make sure that I get the deed in my name. And, he was always honest to a fault. As is his daughter.

  • pprioroh
    9 years ago

    Good for you, I don't know you but I'm proud of your ability to do the right thing. Best wishes to you.

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