Is it fraud?

[OnFire2000]

My ex-bf and I own a home together, neither one of us live in it now (besides the point). When we were living there, there was a storm and hail damage occurred. After I moved out, he claimed the hail damage and the insurance company wrote a check to cover damages and made it out to his name only. He then took the money and spent it elsewhere. After he moved out, and I found out about the hail damage on the roof, I planned to get the roof fixed. When I tried to make a claim, not knowing he already did, they told me they had already paid that claim. When I confronted him about it, he lied and said he had the roof fixed. So I demanded a receipt so that I could show the insurance company that this must be a different claim. Then he admitted to using the money elsewhere and has no receipts for repairs. Is this something I can sue him over? Is it fraud? The insurance company stated that once they write a check, he can do with it as he chooses, but shouldn't it have been made out to both of us since we are both on the homeowner's insurance policy?

 

[ALawyer]

If 2 people are named insureds on the policy the proceeds are USUALLY paid to BOTH "A & B" and if so it would require both signatures to cash or deposit the check. Often if the damage is large the check is also payable to the mortgage holder to assure the repairs are made.

You may want to ask for a copy of the check from the company and my guess is that you'd find "bf" signed your name, which is a forgery, although he'd claim you okayed that.....

In any event, he'd be liable to you for half the insurance money. Forget criminal charges, courts are too crowded and judges would laugh.