Legal Question in Insurance Law in Illinois

I had a house fire in May of 2011 I had renters insurance that did not cover everything that I had. I had a friend that was there that also had insurance. She was the casuse of the fire and admitted it to the fire chief and everything. The question I have is can I go after her insurance company for the things that were not covered under my claim? Thank you


Asked on 4/09/12, 10:21 am

1 Answer from Attorneys

Insufficient information but you can try. First she would have to have her own liability insurance, not just insurance on her property, because you're seeking damages due to her liability (negligence). Since you don't say whether there were any official reports filed that state that she admitted causing the fire, you may not have any proof of her liability, the fire chief's memory may be questioned, and her admission may just be because she felt bad at the time. If the fire was something both you and she were responsible to avoid, her insurance company may raise the issue of "comparative negligence" and the responsibility is only 50/50 (even if she "caused" the fire), they may not cover it. Depending on how much you are talking about, it may be worth your while just seeing if she is willing to cover the cost difference, especially if all you're talking about is the deductible (if any).

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Answered on 4/09/12, 6:32 pm


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