Question
What is the name of your state? I live in Missouri, but the house fire was in Kentucky.
Here is my situation. My kids and I lived with my father-in-law in his home for five years, from September 2001 to January 2006. Nearly a year and a half ago (January of 2006), my father-in-law’s home burned down. The home was a total loss. Everything my children and I owned was destroyed or damaged beyond repair. I owned a lot of office equipment and computer equipment because I work from home. My home office was completely destroyed with nothing left but ashes. In the ensuing days and months following the fire, we cataloged everything that was lost.
My father-in-law and soon to be ex-husband drug their respective feet completing their parts of the cataloging and the list was not submitted to the insurance company until a year after the fire. Now, we are in a waiting game with the insurance company while they go through our catalog and put a price tag on everything.
Meanwhile, my father-in-law settled with the insurance company on a pay out for the actual house itself not including the contents. He accepted a check in the amount of approximately $180,000 out of which he paid off his existing mortgage of only $120,000. Leaving him approximately $60,000. He paid $10,000 to have the house demolished, leaving him with $50,000. He has also sold the 20 acres on which the house sat. I have not been privy to the selling price on the acreage.
My point is that he is sitting on quite a significant amount of surplus cash, but has refused to give me a dime until the insurance company settles on the contents. My father-in-law makes significantly more money than I do and so his life was barely affected. Basically, he is a very wealthy man who owns a home in Florida, has many investments, stocks, bonds, and is worth quite a lot.
The fire left us with nothing. I have had to rebuild slowly, replacing clothing, toys, my home office equipment etc, a little at a time as I could afford it. I am living with my family at this point because I cannot afford to buy a home and my soon to be ex-husband has screwed up my credit to the point that I cannot get a mortgage loan on my own. All I have to provide a home for my kids and me is whatever money I get from this insurance settlement.
I have approached my father-in-law on several occasions asking that he give me just enough money to buy a $60,000 fixer upper so that I can give my kids a home. I have told him that when the settlement comes in from the insurance company, we can sit down and fairly divide it and he can deduct the amount he has given me now. He refuses.
Here are my questions. I want to know who is ultimately responsible for the damage to my personal property? Is it my father-in-law or his insurance company? I assumed it was the insurance company, but have been wondering if that is really true. Since I was not an owner of the home and my name did not appear on the deed or the homeowner’s insurance policy that would mean that I personally am not covered and that I would need to seek my money directly from my father-in-law, is this true? And if this is true, then do I have grounds to sue my father-in-law for my share of the money? He did not charge us rent when we lived there, so I could not be considered a tenant.
I’m just wondering where I stand legally. My father-in-law is being unreasonable, in my opinion; probably mostly due to the fact that I have refused to live with his son anymore.
Thanks!
Answer
He's not required to give you a dime. Your renter's insurance covers your contents. His homeowner's insurance does not.
Answer
I was technically renting from him. We were one big happy family at the time. So, are you saying that he could walk away with all the money and give me nothing and there is absolutely nothing I can do about it?!?!?
My stuff was in his house. His house burned down due to faulty electrical wiring by his own hand. He rewired the kitchen and the house burned down as a result. So, he has no responsibility whatsoever?!?!?
Sorry, I am just so frustrated and you just depressed the hell out of me.
Thanks for answering tho.
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Sorry about that.
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I don't know why I made you depressed. If he caused the fire then sue him.
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The homeowner's policy would have to be read to be sure, but I think moburkes is generally correct. Unless the policy has language which covers family members living in the house, father-in-law can't turn in a demand for payment of the family member's property. If so, renter's insurance would be the proper type for this situation. The only other avenue is to prove father-in-law was negligent in some way or violated the standard of property owners in KY for licensees. (Common law to warn of known dangers.) However, since most people don't know their house is going to burn down, negligence it is.
What did father-in-law do or not do which caused the loss of your property?
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She said it was his faulty wiring which is why I suggested a lawsuit:
His house burned down due to faulty electrical wiring by his own hand.
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I don't know why I made you depressed. If he caused the fire then sue him.
I should have said your answer depressed me. The part about his policy not covering my stuff, only his.
Ah well, at least I know I can sue him if the fire started due to his negligence. That's something.
I wonder if I can find an attorney who can give me a two-fer: sue my father-in-law and handle my divorce.
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His house burned down due to faulty electrical wiring by his own hand. He rewired the kitchen and the house burned down as a result.
I only read the first post with any care. This, if true, would be cause for a negligence suit. But, how to prove? With the house torn down, it will be difficult to get an expert in to inspect the wiring. "Faulty" is not negligence. While a person could prove a breach up without inspection, it will be hard and an attorney will need to be involved. That's why the homeowner's insurance is so enticing. Negligence wouldn't have to be proven.
Answer
What is the name of your state? I live in Missouri, but the house fire was in Kentucky.
My father-in-law and soon to be ex-husband drug their respective feet completing their parts of the cataloging and the list was not submitted to the insurance company until a year after the fire. Now, we are in a waiting game with the insurance company while they go through our catalog and put a price tag on everything.
Thanks!
I don't know a lot about it and have to defer to the senior members, but a year after the fire does not sound as if a timely claim was made.
That in itself can be grounds to deny the claim.
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I don't know a lot about it and have to defer to the senior members, but a year after the fire does not sound as if a timely claim was made.
That in itself can be grounds to deny the claim.
The insurance company is already aware of the fire. She can still file a claim, but Tranq may have been right that it is too late because of the nature of the fire, not because she waited a year.
Answer
I only read the first post with any care. This, if true, would be cause for a negligence suit. But, how to prove? With the house torn down, it will be difficult to get an expert in to inspect the wiring. "Faulty" is not negligence. While a person could prove a breach up without inspection, it will be hard and an attorney will need to be involved. That's why the homeowner's insurance is so enticing. Negligence wouldn't have to be proven.
My father-in-law did some rewiring in the kitchen in order to install a microwave over the stove. He went up into the attic and spliced, rewired, etc in order to install this microwave. This was a month before the fire. The fire started in the attic directly above the microwave where the rewiring and splicing took place. One of the neighbors actually took pictures of the fire and his pictures confirm that this is indeed where the fire started.
The report from the fire department confirms that the fire started in the attic in that area and quickly spread through the attic, taking the garage first and then eventually the rest of the house. That area in the attic and the garage area, which bordered the kitchen, were considered the most intense areas of the fire. The report also states that the "probable" cause of the fire could be electrical wiring.
We almost had a fire before this one when the wiring in the furnace started to burn and filled the house with smoke. My father-in-law did that wiring work also when the blower quit working on the furnace. He rewired to accommodate a new blower. Fortunately at that time my father-in-law was home and the smoke detectors worked. He knew instantly what the problem was and turned the furnace off and used an extinguiser.
So I would say he has a proven history of doing his own electrical work and he obviously doesn't know what he is doing. Now it has cost me everything I own and I'm lucky that my kids didn't get hurt.
So from everything I have read here, I should probably at least consult an attorney and get his/her take on all this and go from there.
Thanks to everyone, you've been very helpful.
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The fire happened in Kentucky. I now live in Missouri. Should I seek an attorney in Kentucky or Missouri?
Thanks again!