Our client owns a condominium and is insured on a standard 1991 HO 00 06 04 91. Recently, his water heater leaked and damaged his unit and the unit below him. The HO 00 06 insurer has agreed to pay for damage in the insured's unit, but is denying any coverage for the downstairs unit, citing "no negligence" on the part of the insured.

We believe that our insured should receive some section II coverage under "damage to property of others." What do you think?

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