I live in Florida, and was working as a mechanic. The shop that I worked in was burned in Nov. 2000 and everything was destroyed including my personal tools. The insurance repreasititives had origanaly said that the loss of my personal property was not normaly claimed on the bussiness's policy. How ever (some of my personel items) where placed on the inventory list by the insurance company. I feel that there has been enough time for insurance settlement. The Presendent of the bussiness says that he will settle with me once he has settlement from the insurance. Unfourtunantly I am no longer with the company. Due to the past years of experinences with this companys presidents reluctantance to be fair and honest.Do I have the right/and or would it not be justifiable to take him to small claims court. Even though he says he will reimburse me?
My response:
The big question in my mind, for you to answer, is did the mechanic owe you a "duty" to claim your tools on his insurance policy? Whether or not he did claim your tools, was there some agreement with him that you would be a "beneficiary" of that insurance policy? Was that a part of your employment agreement? These are the questions a judge is going to ask you.
Normally, a person who stores or has personal property located on someone else's premises is liable and responsible for their own insurance. For example, in a landlord / tenant situation, the landlord rents an apartment to a tenant; however, the tenant has a responsibility to purchase their own "renter's insurance" which would cover their couch, television, stereo equipment, tables, books, etc., in the event of a fire.
It is my opinion that unless you can answer the above questions with a "Yes", and be able to prove your "Yes" answers, then I don't hold out much hope for your success in court.
Good luck to you,
IAAL
