What’s does a subrogation process mean to a homeowner?

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What’s does a subrogation process mean to a homeowner?

We lost the house to a fire. Our insurance company is suing our general’s insurance company. Do we have the right to sue our general contractor for costs not covered in our policy, outside of this subrogation suit? We had to demolish the burned house, board up after the fire, pay taxes for the razed property, disconnect of utilities, etc. All of these costs were not covered under our policy. Can we try to recover some of these expenses in our own suit against our general? The fire was a result of negligence and an installation error. What about “pain and suffering”?

Asked on March 11, 2011 under Insurance Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation here.  It sounds as if you have been through so much.  I would speak with an attorney in your are on the matter and you should bring your insurance policy and any documents that you signed in connection with the settlement from the insurance company with you.  You need to see what rights you signed away by accepting the settlement check.  But I very much doubt that you would be precluded from suing the contractor for those costs incurred as a result of their negligence.  As long as you make sure that there are no duplicative claims.  The courts would not allow you to double dip, so to speak, or to be unjustly enriched here.  Good luck to you.


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