Being sewed through a rental property?

[Zigner]

I just talked to my insurance co. and they said, "there's no claim at the address so they can't do anything". They didn't even want me to forward the letter to them saying, "we have nothing (no claim) to attach it to". They suggested contacting the law firm I received the letter from. Or, have a lawyer do it.

Most insurance policies have a requirement that you notify them in a prompt manner about potential claims. You've done that, although it would be good to get some sort of formal acknowledgement that you notified them.

 

[adjusterjack]

I just talked to my insurance co. and they said, "there's no claim at the address so they can't do anything". They didn't even want me to forward the letter to them saying, "we have nothing (no claim) to attach it to". They suggested contacting the law firm I received the letter from. Or, have a lawyer do it.

Exactly who did you talk to at your insurance company?

Whoever it was is an idiot. You've been notified of an injury at your property. That's enough to get a claim file opened and a claim rep to investigate by calling that law firm. That's the insurer's duty under the terms of your policy.

 

[quincy]

Maybe Joz should review his insurance policy.

 

[Joz]

Your insurer gave you good advice except I would not recommend you contacting the law firm yourself.

I did send them an email stating that I have no idea what their talking about and to provide more information, (what happened, medical report, claim number, deposition, etc.) The responded but with little to add. They did say it was a dog attack "concerning a dog attack that happened on July 2, 2022 related to the property you own located at 1234 ********* Avenue" It's now a different date, and. the tenant has no dog deposit on file. And there asking for my insurance info. Should I just give it to them?
Thanks for all your help. Much appreciated.

 

[adjusterjack]

And there asking for my insurance info. Should I just give it to them?

No.

Your insurance company needs to open a claim file and make the contact.

Again, who did you talk to at your insurance company?

 

[Joz]

Again, who did you talk to at your insurance company?

I talked to the claims department. I did not go through my agent. She may be new since she put me on hold for a while to ask someone else, what to do. Looks like I'll be calling them back tomorrow.
Thanks.

 

[Zigner]

I talked to the claims department. I did not go through my agent. She may be new since she put me on hold for a while to ask someone else, what to do. Looks like I'll be calling them back tomorrow.
Thanks.

To be fair, what you told the insurance company was very vague. What you know now will likely make your insurance company react differently.

 

[quincy]

So ... does your tenant or your property manager have a dog or dogs that reside on your property?

If the dog that bit the child was on your property but does not belong to anyone living at your rental property address, the whole matter could get resolved quickly. The attorney who sent you the letter may have identified the wrong person to sue.

 

[adjusterjack]

I talked to the claims department. I did not go through my agent. She may be new since she put me on hold for a while to ask someone else, what to do. Looks like I'll be calling them back tomorrow.
Thanks.

When you call, remind the person that it's your duty to report the claim and the insurer's contractual duty to investigate it.

That any claims person would tell an insured to contract the claimant's lawyer and/or get his own lawyer, defies common sense.

 

[Joz]

So ... does your tenant or your property manager have a dog or dogs that reside on your property?

The tenant should "not" have a dog. No dog deposit on file and from what I recall from the original lease agreement, it states no dogs, like all my leases. But that doesn't mean the tenant didn't eventually get a dog without any notification to the PM.

What you know now will likely make your insurance company react differently.

Yes, If I can't get anything started through the call center, I will escalate to management.

I did get a copy of the police report from the "clients" arrest. She pawned a video game system, tv and a gun then reported to the police that her ex-boyfriend stole them. When the police found the items still at the pawnshop, they called her in and booked her. She was doing the pawning, the same day as the alleged dog bite. Then, her son, (the minor) went missing a few weeks later. He was found 2 days later. IMO, this is one of those people that has two ways to get rich. Win the lottery or sue people.

Seams, not right, if a tenant has a dog, and is not supposed to, and there's a bite, the homeowner pays. So, if there is a stolen car at the house, does the homeowner get charged with grand theft auto?

Thanks for all the feedback. I'll be calling my insurance first thing Monday morning...

 

[quincy]

The tenant should "not" have a dog. No dog deposit on file and from what I recall from the original lease agreement, it states no dogs, like all my leases. But that doesn't mean the tenant didn't eventually get a dog without any notification to the PM.

Yes, If I can't get anything started through the call center, I will escalate to management.

I did get a copy of the police report from the "clients" arrest. She pawned a video game system, tv and a gun then reported to the police that her ex-boyfriend stole them. When the police found the items still at the pawnshop, they called her in and booked her. She was doing the pawning, the same day as the alleged dog bite. Then, her son, (the minor) went missing a few weeks later. He was found 2 days later. IMO, this is one of those people that has two ways to get rich. Win the lottery or sue people.

Seams, not right, if a tenant has a dog, and is not supposed to, and there's a bite, the homeowner pays. So, if there is a stolen car at the house, does the homeowner get charged with grand theft auto?

Thanks for all the feedback. I'll be calling my insurance first thing Monday morning...

Yes, speak to your insurance company on Monday.

If your tenant owns a dog and that dog bit (or bites) someone, the dog owner is primarily responsible for the injury. But you too, as property owner, can be included in any personal injury lawsuit that is filed.

You really should contact an attorney in Tennessee to make sure that a lawsuit has not already been filed, perhaps against your tenant with you and/or your property manager as co-defendants. You do not want to miss filing a timely response to a complaint.

And find out for sure if your tenant owns a dog (whether the tenant is supposed to have one or not).