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Abaeterno

Junior Member
So I have a small business in which I lease mobile garage units. My principle place of business is in Arkansas. I leased a unit to a man in Texas but the unit burned down. He says that he has a claim with an insurance company to cover the cost of the unit. The insurance company has informed me that there may possibly be a claim, but they need more information from the person in question. The company has a log of numerous calls trying to reach the person. He has refused to answer or contact the insurance company. I'm planning on filing suit in a small claims court with the Texas Justice of the Peace (the amount in controversy is below $10,000) however, should I list the insurance company as a defendant too or just the person I leased the unit to?
 


Proserpina

Senior Member
So I have a small business in which I lease mobile garage units. My principle place of business is in Arkansas. I leased a unit to a man in Texas but the unit burned down. He says that he has a claim with an insurance company to cover the cost of the unit. The insurance company has informed me that there may possibly be a claim, but they need more information from the person in question. The company has a log of numerous calls trying to reach the person. He has refused to answer or contact the insurance company. I'm planning on filing suit in a small claims court with the Texas Justice of the Peace (the amount in controversy is below $10,000) however, should I list the insurance company as a defendant too or just the person I leased the unit to?


Just bear in mind that Texas does not allow for wage garnishment outside of government debts.
 

Abaeterno

Junior Member
Ok, but if there really is a claim with the insurance company from the lessee, do I need to list the company as a defendant? Also, if I list the insurance company as a defendant along with the lessee and it does not really need to be joined, will there be any negative consequences? The court can just dismiss a party without dismissing the claim, correct?
 

Dave1952

Senior Member
The insurance company has done nothing to you, don't sue them. Sue the guy who leased the unit. Write him a letter advising him that you plan to sue in 30 days unless he clears this matter up. Carry on from there.
Are you sure about the "Justice of the Peace " thing? There are such courts but there are also Justice Courts. I think small claims go to Justice Courts.
 

latigo

Senior Member
So I have a small business in which I lease mobile garage units. My principle place of business is in Arkansas. I leased a unit to a man in Texas but the unit burned down. He says that he has a claim with an insurance company to cover the cost of the unit. The insurance company has informed me that there may possibly be a claim, but they need more information from the person in question. The company has a log of numerous calls trying to reach the person. He has refused to answer or contact the insurance company. I'm planning on filing suit in a small claims court with the Texas Justice of the Peace (the amount in controversy is below $10,000) however, should I list the insurance company as a defendant too or just the person I leased the unit to?
Your post raises some complex contract issues but not likely to be resolved in a small claims forum. And most definitely not in here.

As a general rule - not being a party to the insurance contract you would have no cause of action or claim against the insurer. The insurer's duties flow to the insured and not to parties not in privy to the agreement. Thus the company would not be a property party defendant.

However, there are some jurisdictions - California at least - by applying "third party beneficiary theory" that would recognize your claim against the insurer - PROVIDED that it can be proved that the contracting parties (your lessee and his insurance carrier) intended you to benefit by that insurance contract.

But another problem with this scenario is the mentioned uncooperative conduct of the insured/lessee, which could void the coverage leaving you as a third party beneficiary of nothing.

You need to spend some money with your lawyer. In fact you should have spent some long before with a lawyer that would have told you to include in your lease agreement a proviso that the lessee be required to maintain adequate coverage insuring the equipment against all insurable losses with you as a named insured.
 

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