Legal Question in Insurance Law in California

i live in attached townhome in california. i am currently 12weeks pregnant and i have 33 months old boy. my next door neighbor was on fire in which firefighters damaged my roof, floor and some minor damages. i couldnt stay at the property because of the smell for 2days but was able to move back in after odorcare but then after couple days later, my ins. claim adjuster called me and telling me that ins . adjuster from HOA management called him advising my family to stay out because of the asbestos exposure..not safe to be living there. we got out as sooon as i was told to do but no one told me about this before. i am paying my own deductible for loss of use expenses because the neighbor was tenant and the actual homeowner's ins. company told my insurance adj. that they are not responsibl for the incident since tenant did not properly use the garage. (the fire started at garage which the tenant illegally made his work place filled with electronic equipments) i dont understand why i need to pay my own deductible for something i didnt even cause. i am having nightmares and insomnia, my toddler boy is sick. we were living at a motel for past 3weeks until they are finished with the repairs. i am worried about unborned baby and want to know if there's any legal action i can do against anybody....please help


Asked on 2/02/14, 3:35 pm

1 Answer from Attorneys
Denise Jarman

Hello:

I am an attorney and I have been assisting policyholders like you on insurance matters for 32 years. I am sorry you are having such a rough time. Its understandable that you are upset.

I have a couple of questions. Are you a tenant or do you own the townhome? Does the tenant in the neighboring unit have rental insurance? Did the HOA disclose the presence of asbestos to you at the time you purchased the property?

There are three potential policies that cover your losses. First, you have what is known as additional living expense under your own policy that should immediately be paying for your expenses during the time that you are out of your home. The standard for this payment is housing that is of like-kind and quality -- not a motel. Especially when you are pregnant and have a young child. You should be where you can rest easier.

Second, if your neighbor has a liability policy, then his insurance should pay your deductible.

Third, under the Covenants, Condtions & Restrictions the typical promises are that each owner shall be liable to the remaining owners for any damage to the common area that may be sustained by reason of the negligence of that owner, members of his family, his contract purchasers, tenants, guests or invitees, to the extent that any such damage is not covered by insurance. Each owner, by acceptance of his deed, agrees for himself and for the members of his family, his contract purchasers " tenants,guests or invitees, to indemnify each and every other owner, and to hold him harmless and to defend him against, any claim of any person for personal injury or property damage occurring within the unit of� that particular owner. Thus the owner of the other unit's insurance would be responsible to pay the deductible under this promise.

You should go to your ob-gyn and advise him or her what has happened and the fact that you were exposed to the asbestos. Before doing this, you will need to find out from the HOA what type of asbestos it is. Different types of asbestos are more dangerous than others.

You should also go to your toddler's pediatrician with this same information.

Read more
Answered on 2/02/14, 4:55 pm


Related Questions & Answers

More Insurance Law questions and answers in California