Insurance paid by managemant company

[Suetheramble]

I have recently made an insurance claim because the flat above me let the bath overflow.
There was a �250.00 excess to pay and I asked the owner of the flat above to pay it - he did not.
I took him to the small claims court and won.
However the judge made the comment that although the owner of the flat should make the payment to me he could claim the �250 excess from the management company as the insurance policy is in their name. It seems unfair to me that our maintenance money should be used to pay for his carelessness although there seems some logic in what the judge said.
Does anyone out there know for sure if this is true or have I got hold of the wrong end of the stick?
(The insurance company were no help with this query)

[bednobs]

when our water pipes burst, we claimed the excess back from the pot of mney the management company had

[Suetheramble]

I would have thought that burst water pipes are unavoidable and more general - whereas a overrunning bath is negligence and why should the the negligence one careless person be paid for with what is fundamentally the residence money?