Neighbors rental house caught fire , and damaged my house, is the owner responsible and can a file a lawsuit against there insurance company?

UPDATED: Oct 1, 2022

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Neighbors rental house caught fire , and damaged my house, is the owner responsible and can a file a lawsuit against there insurance company?

I just purchased a home in cash, havent received
any home insurance yet when my neighbors rental
house caught fire and damaged the whole side of my
house. The known cause was that the renter of the
house didnt have electricity / couldnt afford it So he
put 2 generators in the back of the house to give
them power and left them on all the time . In the fire
report it says cause of fire was due to generators.
There home insurance agent says the home owner
isnt reliable , so my question is can I file a lawsuit
against the owners insurance and is running the
generators nonstop in the house for electricty a show
of negligence on their part. And should I be able to
win a claim to fix the 28k in repairs I got in my
estimate . ? Thank you

Asked on December 14, 2018 under Insurance Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You don't sue another person's insurance company; you sue the person. If you win against the person their insurance should pay.
2) The homeowner would only potentially be liable if the generators were under his control and his carelessness caused the fire; that is, you would have to be able to show that the owner was at fault since liability is based in fault.
3) On the other hand, if as seems to be the case from what you write, it was the renter who was at fault, you could only sue the renter. However, if he could not afford electricity, he most likely would have no money to pay you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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