Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Illinois Insurance Law Question. This is a tenant/ landlord…

Customer Question
Illinois Insurance Law Question. This is...
Illinois Insurance Law Question.
This is a tenant/ landlord situation, with a well written lease agreement that included, a waiver of subrogation, indemnification clause, the tenant is to list the landlord as an additional insured (The tenant failed to comply to listing the landlord on their insurance), and is very specific to Negligent acts. A fire occurred at the rental property and after an investigation by both, Local and State Fire agencies(the local agency called in the State agency), it was deemed that the fire was started accidentally by the tenants 5 year old son, while he was "playing with a lighter". The landlord/home owner initially filed the claim under their own insurance policy on the same day that the fire occurred. The tenant was insured under a renters policy with a personal liability umbrella and the landlord was insured under a Rental Dwelling policy that also included a business liability umbrella and contents. The landlords insurance adjuster initiated subrogation immediately without the landlords consent, then would not give the landlord any details into the situation when the landlord inquired of him to do so. The insurance adjuster also denied coverage for water damage that was in fact, fully covered by both, the landlord and the tenants insurance policy. The insurance adjuster stated that the fire was powder extinguished, not water extinguished(this is not true and the fire reports show the use of water, the report do NOT however say anywhere that powder was used to extinguish). The insurance adjuster furthermore told the contractors that the fire was extinguished by powder so the repairs were not covered. There was a major amount of water damage, the contractors could not even begin working without approval for the amount of damage that the insurance adjuster claimed was not covered. The landlord the hired a public Adjuster , signed a contract and never heard from the public Adjuster again. The insurance adjuster issued a check to the public Adjuster even though the landlord informed the insurance adjuster that they had not heard from the public Adjuster since signing the contract. The landlord also informed the insurance adjuster that to their knowledge, the public Adjuster had never even done a walk through, or estimate. The insurance adjuster then told the landlord that the public Adjuster did in fact, complete the walk through / estimate and that he was present during, as he had accompanied him. The insurance adjuster also stated that the public Adjuster agreed to his own initial estimate as being correct, with the addition of a few things and so he added those and now in agreement as to why he sent the public Adjuster the check. The landlord never received an estimate , any type of notice or was never made aware that the public Adjuster had even been to the property just yet. According to the insurance adjuster , he met with the public Adjuster , completed the walk through with him, and gave him a copy of his own estimate for the the public Adjuster to review and after reviewing, the public Adjuster requested the insurance adjuster add in a few items in which he did , then agreed and now the insurance adjuster sent a check but yet the insured/ landlord was never made aware of this at all. So another words , the insurance adjuster did the public adjusters work in configuring the estimate and sent the landlord the estimate. The new estimate was signed by the insurance adjuster , not the public Adjuster. In fact , nothing in the estimate anywhere showed that it was done by the public Adjuster as it was done and issued by the insurance adjuster and his own company. The landlord has still, has not been able to reach or has still never heard back from the public Adjuster . What happened here, Does anyone know? Very confused...
Submitted: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 25 minutes by:
9/26/2017
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,670
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

I am sorry to read about your difficulties.

The Landlord needs to file complaint against the insurance company with the Department of Insurance for refusing to act in the best interest of the Landlord and for sending check to an adjuster that the Landlord specifically told the insurance company not to communicate with. The insurance company must obtain the check back from the public adjuster and then work with an adjuster that the Landlord wants to work with.

Best wishes,

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,670
21,670 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We another rental property in Houston, TX USA, with a tenant
For Gerald -We another rental property in Houston, TX USA, with a tenant who's been on month-month lease for about 2 yrs a 30 days notice to vacate, due to chronic delinquency and being an a-hole, des… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,857 satisfied customers
Are landlords of rental properties required to provide
Are landlords of rental properties required to provide screens on windows? Our windows open, but there aren't any screens and mosquitoes and other nasty bugs always come in. We live in San Francisco.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
I have a rental property in Orlando that is managed by a
Hello, I have a rental property in Orlando that is managed by a property management company. The HOA president informed me that the occupant of the property is a registered sex offender with multiple … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Selling a rental property. agreed to an offer, appraisal
selling a rental property. agreed to an offer, appraisal came in very low, buyer offered some cash to help. We agreed, signed documents, then got closing estimates. We were already underwater, cost to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
In nov of 2000 I purchased a rental property. The seller
In nov of 2000 I purchased a rental property . The seller carried a 2nd mortgage as part of financing . I made payments to him monthly and in 2004 I paid him off, and he sent me a release of Lein. So,… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am the PR for an estate with a rental property. The person
Hi I am the PR for an estate with a rental property. The person who passed away had a will that had to go through probate death. He passed away July 2017. Due to delays with the probate I didnt have a… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In my rental property I have a red brick fireplace. Upon
In my rental property I have a red brick fireplace. Upon inspection I noticed one of bricks in the mantel portion of the fireplace has a chip chunk in the center brick. Can I as a landlord be compensa… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We are selling a rental property in California and month to
We are selling a rental property in California and month to month tenant with adult visually impaired child is refusing to leave property by 45 day notice date. He apparently has no place to move to. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We have been displaced from our rental property due to a
We have been displaced from our rental property due to a fire. The fire was our fault. We paid the homeowners deductible ($1000), to fix the damage and we are being held to paying rent and the contrac… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,670 satisfied customers
It is re Rental Property in the State of Indiana and I would
It is re Rental Property in the State of Indiana and I would like to speak with an attorney.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,815 satisfied customers
Capital gains tax on sale of rental property. Are the
Capital gains tax on sale of rental property. Are the capital gains rates based on what you paid for property verses what you sold it for? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Capital gains tax on sale of rental property. Are the
Capital gains tax on sale of rental property. Are the capital gains rates based on what you paid for property verses what you sold it for? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We have a second home that was originally a rental property.
we have a second home that was originally a rental property. owe way more than it's worth. We had a settlement with the mortgage company and we were going to pay that and then they sold the mortgage. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,857 satisfied customers
Just signed a lease agreement to a rental property within a
Just signed a lease agreement to a rental property within a few hours ago am I legally able to get out of that lease agreement in the state of Florida if I notify them within 24 hours … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers
Rental property in Indiana, tenant has lived in the property
Rental property in Indiana, tenant has lived in the property for four years without paying any rent. All owners live in different states and has not taken care of the finances as expected. I am the le… read more
Lori
Lori
Juris Doctor
1,315 satisfied customers
Rental property in State of. Issues is renter got a DUI this
issues is renter got a DUI this past weekend and it is her third. She is in jail and understand she will stay there. she is a single mom who had her two daughters once a week at our rental property. the question is if she does not bond out how or who do I let go into her apt and get her property out so I can rerent the unit. I told her friend if she has a lawyer she needs to tell him to draft something in writing telling me who can enter and remove her things. what are the laws regarding this situation never had this happen. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
We have a rental property that was attached to our current
we have a rental property that was attached to our current homes mortgage when we fell behind on it. We filed chapter 13 in 2015 and current with payments. Wells fargo is the home mortgage and First N… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
I have a rental property that is underwater. The unit is
I have a rental property that is underwater. The unit is currently empty. The other issue is I am concerned that I may have difficulty renting because I have some water damage in the living room ceili… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x