Landlords insurance sues for fire damage.

[mg7034]

What is the name of your state (only U.S. law)? Oregon
Moved into home June 1st 2009, had a fire on July 5th 2009, now the interesting part. We move into this home because our current home was in the middle of foreclosure and we continued to have home owners insurance on our previous home through Aug 2009. On the 4th of July we had a block party with fireworks and the whole bit, all the neighbors help clean up and one of the trash bins used was mine it was then pulled back down and left beside our garage. About 3am it started a fire and caused some damage to the garage, mainly exterior. The estimate came back at roughly $7000.00. I had not yet started renters insurance but had got quotes from my agent. Now the landlords insurance company is holding me responsible for "negligence" and suing me for total amount. Now first off, shouldn't I be covered for liability through my current homeowners that I still had on previous property? Also the legal court order documents miss states that I left used fireworks in a plastic bag inside the garage which is incorrect, they were in a garbage can left outside. Do I have any room with the verbage being incorrect? Any thoughts ar insight would be greatly appreciated, I just feel that with all the policies I had in effect that my insurance would help but they have told me I had 30 days after moving and after that I would have had to started renters insurance. Is this right? Please advise. Thank you.

 

[Zigner]

Yes, YOU are liable for the damage to the garage. Sure, you can have it clarified regarding where the garbage was, but it won't change your liability.

File a claim with your homeowners insurance. If they deny it, come back here and give the reason for the denial.

 

[mg7034]

I did submit it to our homeowners insurance but I was told that if it had been within 30 days of moving it would have been covered, we had been there for 35. So is that it? Am I done for? Can I work at lowering it? Does it matter that it was a "community" trash can that night everyone was depositing their fireworks in the can. I was also not the one to place the can back next to the garage, does any of that matter?

 

[Banned_Princess]

I did submit it to our homeowners insurance but I was told that if it had been within 30 days of moving it would have been covered, we had been there for 35. So is that it? Am I done for? Can I work at lowering it? Does it matter that it was a "community" trash can that night everyone was depositing their fireworks in the can. I was also not the one to place the can back next to the garage, does any of that matter?

Sorry, you can present that in court when you are sued for the 7k.

Good luck.

 

[Zigner]

I did submit it to our homeowners insurance but I was told that if it had been within 30 days of moving it would have been covered, we had been there for 35. So is that it? Am I done for? Can I work at lowering it? Does it matter that it was a "community" trash can that night everyone was depositing their fireworks in the can. I was also not the one to place the can back next to the garage, does any of that matter?

You already said that YOU had a block party. You already said that it was YOUR can.

If your HO policy only allows for 30 days, then yeah, sound like you're out of luck.
Fireworks are dangerous (think explosives) and need to be COMPLETELY monitored. I totally immerse my spent fireworks and leave them immersed for several minutes before throwing them away.

 

[moburkes]

Most HO policies will only extend coverage for 30 days past the date you moved out. And the 30 days is written in the policy language so there's no wiggle room there. You can get a partial refund from your HO company if you cancel that policy with an effective date of 30 days from the date you moved out.

They're not being hard asses. They cover you for acts while you live in that home. It would have saved you money to replace to HO poilcy with a renters policy. Not sure why you hadn't done it.