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Can insurance company sue me?

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  • Re: Can insurance company sue me?

    Hi, I called Weightmans today:

    Told solicitors decking was ours, we paid for it and put it up – but landlord claimed for it. Which they said would reduce the payout bill.


    Also landlord complained how ex-partner used to sell on ebay but NEVER paid rent, was evicted around the same time dispute began – I hope he hasn’t made allegations out of spite.


    They will try and get full copy of my policy and schedule at the time, as they need to check for exclusions. EG – did they cover outbuildings. Also to see if I am responsible or held legally liable.


    They are waiting to see if landlords insurers have any evidence proving me or ex-partner liable for starting fire. Difficult to accuse me as I was in bed.


    I said, the garage was burned down to ashes, so I would be interested to see what evidence they can provide, all they found were cigerette buds, which could have easily been blown in the wind to the debris.


    Merlin – loss adjusters sent black and white photos, but they closed down completely. (I have photos I took at the time).


    Outcomes:
    My insurers could get a fine.
    Only 2-3 cases out of 100, these solicitors have worked on has gone to court.
    Landlord insurers could just drop the case.
    I could be taken to court – but it will work out to be TOO expensive.
    My insurers could be asked to pay a small fee.


    Can take months – up to a year.


    My insurers are in the hand of the landlords insurers at this stage.

    - - - Updated - - -
    ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Ageas called me today:

    Will email me schedule only of policy at the time.


    Definitely landlords claiming.


    Tenancy agreement would say something like:
    In the event of a chip pan fire, tenant would pay costs.


    Pointed out I never had fire report but it was weeks after I was told cigarette buds were found.


    Told him landlord used to moan that ex-partner was selling on ebay BUT never paid rent and then got evicted just 3-4 months after . I think it was out of spite landlord is making false accusations.

    Comment


    • Re: Can insurance company sue me?

      Hi, I finally got a response from the solicitors and the letter states:

      Whilst we have denied liability on your behalf, the solicitors reprsenting the landlords insurance company have threatened to commence legal proceedings. This would be done by sending formal court proceedings by post. Whilst we will be asking the Solicitors to send any documents to us in order that we may deal with the matter on your behalf, there is a possibility that they may send them directly to you?

      In the event that you do receive any correspondence relating to this matter please do not respond to it but arrange to send it directly to us at the above address as a matter of urgency.

      Once court proceedings have been issued we will only have 14 days in which to acknowledge recipt of these documents. If we do not do so, we may lose the opportunity to defend the claim and it is therefore extremely important that we are made aware of any court proceedings received as a matter of urgency.

      We have attached a pre-paid envelope, in order that you may forward any documents received directly to us. (WHICH THEY HAVE NOT ENCLOSED)...........

      Should you have any questions, please do not hesitate to contact the writer on the above direct dial.

      So Des, what does this mean in plain english, please?
      Thanks Contessa

      Comment


      • Re: Can insurance company sue me?

        bump for [MENTION=39710]des8[/MENTION] xx
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        Comment


        • Re: Can insurance company sue me?

          It means that if you receive any paperwork from the landlord, or his solicitors, or his insurers, but especially if you receive court papers, you must immediately send them to the solicitors working for you and your insurers. I think you said it was Weightmans.
          This is because there is only a limited time in which to respond to court papers, and if you delay it could jeopardise your (and your insurers ) position.
          If I was in your position and received such papers I would send them "next day delivery, signed for". A bit expensive.

          Other than that, the "threat" to instigate legal proceedings is just a standard warning that they are going to court.
          Of course they may not, but in any event if I remember correctly, you were fully insured by Ageas?

          Comment


          • Re: Can insurance company sue me?

            At a guess, I was fully insured. I spoke to weightmans and they said to call and discuss any post received before posting it to them. Thanks.

            Comment


            • Re: Can insurance company sue me?

              Hi, just to let you know, I received a letter today, as the case was opened 6 years ago in february, they have had to close the case, no further action required. Thanks for all your help.

              Comment

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