House burned down due to painter negligence

[TuTuPham]

What is the name of your state (only U.S. law)? CA

I recently hired a house painter to do some painting on the exterior of my house. He used some kind of flame treatment to remove old paint (after I had explicitly told him not to use any heat/flame treatment). A fire broke out and burned the house down to the ground. Fortunately, nobody was hurt. But now my insurance company is trying to put the blame on me for using a non-licensed painter. I realize the stupidity of my poor judgment in using a non-licensed painter, but am wondering what my legal options are if my insurance company refuses to pay. The painter does own his own home, but has no other assets that I'm aware of. Would it be practical for me to try suing him if the insurance company won't help, or am I screwed? (I realize how stupid I was, so please, spare me the insults. I'm feeling pretty bad as it is.)
Thanks!

 

[justalayman]

you need to take your insurance policy to a lawyer and have them read it and determine if the insurance company can deny a claim on the basis they have.

Then, if you actually have no recourse through your insurance company, you can try to sue the painter. Unless this was an extremely cheap house, it is outside the realm of small claims court so hiring an attorney would likely be a good next step.

Obviously, if the painter has little to take, you can't get much. Judgments are good for 10 years and renewable for another 10, you have a long time in which to attempt to collect.

one long shot here: I would guess that since the guy was not licensed, he probably didn't have any liability insurance, right?

 

[TuTuPham]

Unlicensed painter

Thanks for your quick reply. You're right. The painter didn't have insurance. I realize this was a stupid move on my part, but I figured the worst that could happen with an unlicensed painter would be that I might end up with a substandard paint job. It never in my wildest dreams thought it could result in my house burning down. The only assets I'm aware of that the painter has is that he owns his own house. So he's not completely destitute. Thanks again for your response. I'll wait to see what the insurance company says when they make their final determination. If they refuse to cover it I'll seek legal help.

 

[ecmst12]

Even if they pay, expect them to drop you at the next legal opportunity.

 

[Labtec600]

What exclusion are they looking at? And how long ago did the fire occur?

Has the company sent you a reservation of rights letter? This is a letter which reads that they are still investigating, but it's possible there is no coverage and they reserve the right to deny. In the letter they will reference what exclusion applies and why.