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My house suffered damage from a fire at my neighbors house,

My house suffered damage...

My house suffered damage from a fire at my neighbors house, it was vacant at the time, and my insurance company tells me the neighbors insurance company has denied any and all claim because there was no neglect on my neighbors part. This has left me with a $1000 deductible and at leasst 3 years of increased premium on my homeowners who paid for all the damages. Do i have any recourse to go after the neighbors insurance company?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Maryland baltimore county

Lawyer's Assistant: Has anything been filed or reported?

I did file a complaint with the Md insurance commission over the increased premiun of $486.00 per year because of the fire.

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Answered in 15 minutes by:
4/11/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In court, the injured party has to look at who caused their legal injury. Your legal injury was the house being damaged, not the insurance company refusing to pay for it. The insurance company doesn't have a contract with you and they didn't start the fire (presumably), so they didn't cause your legal injury. You can't sue them for breach of contract when they insure your neighbor.

You can, however, sue your neighbors for causing the fire. The insurance company's determination that they weren't negligent has no bearing on a judge. The judge is going to be looking at whether the neighbors behaved in a reasonably prudent manner. If a judge finds that the neighbor was negligent, their insurance company will pay the judgment. It's just a matter of making sure you're filing the Complaint against the right party, because if you sue the insurance company directly, your case will get kicked out.

Note that if you get money for the full extent of the damage, you will then have to repay your insurance company for the money they spent (you get to keep the $1,000 deductible, and increased premiums).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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