Rented Condominium Liability Coverage

August 4, 2010

Our insured has a Homeowners Unit Owner's policy (HO 00 06) and has filed a claim for property damage to the unit below his. The insured has a tenant living in his unit but it is unknown if the tenant has his own liability policy. The tenant left the water in the bathroom running, which caused damage to the bathroom ceiling of the unit below our insured's unit.
It is clear that the tenant was negligent for the resulting property damage. If the tenant does have his own policy, it would appear that the tenant's policy would be primary for this loss and the insured's policy would be excess. Can you verify if this is accurate? Also, if the tenant does not have his own policy, would our insured's policy be required to pay for damage caused by the negligence of our insured's tenant?