Property damage by contractor

[joanie1]

During the course of a wood floor installation the contractor caused irreparable cosmetic damage to the exterior of my brand new refrigerator. His insurance has reimbursed me for the replacement value and now the contractor wants the "old" new refrigerator worth $1200. His deductible was $500 and the cost of the job was $934 which I have paid. There were many problems with this job for which I had to take vacation time for them to correct not to mention the aggravation. Every time they came to correct one problem they created another; although they eventually finished the job I do not feel that I have any obligation to give them the damaged refrigerator. What is my obligation if any in this situation to the
insurance company or the contractor? I live in Ohio.

 

[ALawyer]

It all depends on the terms of your settlement. Write to the insurance company and ask it. You are not entitled to be paid in full and keep it.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[joanie1]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by ALawyer:
It all depends on the terms of your settlement. Write to the insurance company and ask it. You are not entitled to be paid in full and keep it.
<HR></BLOCKQUOTE>
ALawyer: Thanks for your response. My first contact with the insurance company said nothing about the disposition of the old refrigerator. They asked me to FAX them replacement quotes and they would send me a check. The agent called me the next day and left me a message
asking me to let the contractor pick up the old refrigerator when the replacement was in place. I didn't respond except to FAX the quote. I didn't hear from them for about a week and finally called to see what the status of the claim was; he said he had sent a check which arrived the next day. There was no further mention of the old refrigerator until the contractor called me yesterday requesting to pick up the old one.
I replied that I wasn't sure that he was entitled to it since his only interest in it was the $500 deductible he had paid. His reply was that he had paid for it with the higher rates he would have to pay after the claim he had filed. Personally, I feel that the insurance company might legitmately claim the refrigerator but that the contractor has no right to it. I told him if he had rights to it I should also be entitled to some compensation for the extra vacation time I had to take to be home when they came to correct all their mistakes (about 14 hrs worth). Does this change your opinion at all? The old refrigerator was brand new and has not even been paid for since I financed it at Sears and payments aren't due until next year.

 

[Tracey]

The refrigerator belongs to the insurance company. They instructed you to give it to the contractor. Give it to him. The only way you get to keep the frig is if you sue the contractor for the 14 hours you lost enforcing the contract, and get a court order allowing you to keep the frig as security pending the outcome of your suit. It's not worth it.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.