Can insurance company sue me?

[Contessa]

5 years ago this month, my partner accidently set fire to the back of our rented accommodation (cigerette bud). He was not put on tenency agreement. Contents insurance was under my name. I got paid for contect damages and moved on. I had a letter from solicitors at new rented address and they are saying the landlords insurance company are disputing with my old contents insurance company, that they should pay half the cost of £50k for damages caused by me! They asked I send a copy of the rent agreement at the time and will be in touch. Solicitor said if the landlords company cannot retrieve money from my old insurance company they will turn to me for payout! Can they do this after 5 years and where do I stand? thanks

[nemesis45]

Re: Can insurance company sue me?

H welcome to LB.

Please clarify you previous insurer is saying the new insurer should pay 50% of the settled claim?

If so on what grounds to they make this claim?

nem

[Contessa]

Re: Can insurance company sue me?

Hi

It is the landlords OLD insurer and my OLD insurer. My new insurers know nothing about this. The first I heard about the OLD insurers dispute was yesterday, when I had a letter from a solicitor working on behalf of my OLD insurer. They said, as the fire report states it was due to a cigerette bud causing the fire, the Building Insurer paid out £50k to my OLD landlord. My OLD insurer paid me for the contents damage. However, the buidlings insurer find it unfair that due to my negligence the contents insurer should pay half towards the cost. The solicitor told me, if my OLD insurer does not pay, the building insurer may come after me?

The tenancy agreement and OLD contents insurance was under my name. BUT, my ex partner was responsible for the fire, as I do not smoke.

Are they even allowed to pursue these matters after 5 years?

Thanks

[des8]

Re: Can insurance company sue me?

The landlord's insurers are having a laugh.
Only the owner of a building can purchase buildings insurance, and it is the responsibility of the landlord to arrange it.
Check the wording of your tenancy agreement.
However as a tenant you can insure your liability for damage to the landlords property.
This would normally be covered by your contents policy (but you would need to check) and this is why they are talking to your old insurance company.
If the landlord's insurers were to look to you for reimbursement, they would need to prove you were liable.
As you are a non smoker, and the fire was started by a discarded cigarette, they would have some difficulty

[Contessa]

Re: Can insurance company sue me?

Hi

Thanks for that. The solicitors were asking for a copy of my tenency agreement which has both mine and the OLD landlords signature on it. I called my OLD landlord and asked, why are the solicitors asking me, why have you not produced a copy? He replied, "I may have a copy in my paperwork, I will have to take a look". Surely, both insurers would have shared this ONE document had the landlord originally provided it 5 years ago? It seems my old tenancy agreement is very important to my OLD insurers. The tenancy agreement has a lot of legalities on the back and as usual, very confusing. My OLD contents insurer covered me upto £40K, it also included accidental damage cover. IF the worse case scenario happened and they found a loop hole and decided they wanted me to pay the building insurers money what would I need to fork out £10k?

Thanks

[des8]

Re: Can insurance company sue me?

Your previous insurers are actually working on your behalf as much as their own.
If your contents policy included liability insurance (and most do) your insurer wants to see your tenancy agreement to find out if you can be held liable for the damage caused.
If you are liable via your tenancy agreement, and if your policy included liability cover they may have to contribute.
If you did have liability cover and they decide you were not liable , they will refuse to contribute.
If that is the position the landlord's insurers will not be able to claim against you. If they try, and on the basis you had liability insurance, you immediately refer all papers to your insurers, who should deal with the matter.

At the moment it is all based on assumption. If you could post up your tenancy agreement, and a copy of your policy (or at least the schedule and name of insurance company suitably redacted) we might be more definite.

[Contessa]

Re: Can insurance company sue me?

Hi

That is really useful information. Bear with me a few days as I do not possess a scanner, so will find a way to get it up on screen. Feeling a bit more at ease.:tinysmile_aha_t: Speak to you soon.

Thanks

[Crazy council]

Re: Can insurance company sue me?

Hi.

If you havnt sent the tenancy agreement yet, i would hold on, just check that you have to.

Reply to them, informing them to deal with your old insurance co,

Sounds like they are fishing for documentation, to see if they can hassle you/your old LL. These are probably solicitors for the claims management company. I would take advise before sending them any docs or answering any questions. If they do ever take action against you, your not doing yourself any favours by sending them any information your not compelled to.

Maybe your Old LL realised that and thats why he was ion no rush to send them it

[Contessa]

Re: Can insurance company sue me?

Hi

I had a funny feeling the solicitors were fishing for information so they can PIN this on me, since they are acting on behalf of my old contents insurers. It came accross like they were on MY side but needed a signed lease contract with both mine and the landlords signature on it. The woman advised, "The building insurers have not pursued us for the last 4 months, however, the contents insurer just need your rental agreement on file, in case the building insurers commence proceedings against them again." It all sounds too dodgy......... I have not sent a copy of my agreement as there was alot of tenant liability jargon on it.

Thanks

[Contessa]

Re: Can insurance company sue me?

Hi

Attempting to attach my old tenency agreement in sections, unfortunately, but they will be numbered in what order they go. Part ONE.

Thanks

[Contessa]

Re: Can insurance company sue me?

Part TWO.

I had to take photos in sections on my mobile and download. If they are printed they can be stuck together in the number order.

Thanks

[Contessa]

Re: Can insurance company sue me?

Hi

A section from my OLD contents insurance.

Thanks

[Contessa]

Re: Can insurance company sue me?

Hi

Another page to the OLD contents insurance with a break down of "definitions".

Thanks

[Contessa]

Re: Can insurance company sue me?

Hi

I have split the "defnition" page in two, as the full page was blurry.

Thanks

[Contessa]

Re: Can insurance company sue me?

If you need anymore details, let me know, I will try and locate the leaflet which tends to give ALOT of miniture sized information, if that is of any use.