If my home is burglarized who is responsible for the loss?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 1, 2012

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Insurance Question from Fort Worth, TX

Asked on 09/01/2012

If my home is burglarized who is responsible for the loss? I had a fire in my home and the insurance co took over the home to demo and then repair most of the home. During thier watch, my home was gotten into and robbed of several things. Doesnt the insurance co have to reimburse me for the stolen things since it was thier responsibility? list of things stole: 4 wheeler, ac unit, deer horn chandelier, ladder, weed eater, battery.

Answer given on September 03, 2012

If your home was damaged by a fire and you had to move out while the insurance company was working on the repairs, there is a level of responsibility on both sides.The insurance company itself does not make repairs to a home but pays the contractor selected by you for the repairs. If the home cannot be lived in you have insurance coverage to live elsewhere while the repairs are being made. The contractor should secure the building as best it can while the repairs are ongoing. If the contractor was negligent in securing the property, they do have a responsibility.You as the homeowner should be aware of the additional exposure to theft while the home is being repaired. You should arrange to remove valuable property and possibly find locations to store other property during the repairs. Thefts can occur at anytime whether the home is occupied or not.Some of the items stolen would not be covered by the homeowner policy. If the ATV is not used to maintain the property then it could be excluded from the homeowner policy. A separate policy for the ATV would apply for its theft. You should contact the contractor and insurancee company regarding the loss. A new claim may need to be filed for the theft and a new deductible applied for the items that are covered.

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