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Fire insurance partner claiming for my goods

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  • Fire insurance partner claiming for my goods

    I split from my 20yr partner, unmarried. I let her stay in our joint owned house. I moved out.
    there was a fire and a lot of my tools were burnt.

    We have a joint mortgage and are joint owners. No real problems before the fire
    However because she paid the insurance she has claimed for the tools and kept the money.
    I'm unsure if this she is correct or just scamming.

    I'm presuming the insurance is still in both our name's. It was agreed she would pay it because she is living there.
    Anyone know where I stand?. I need the money .
    Tags: None

  • #2
    I meant to say the tools are solely mine . Bought and paid for.

    I always thought you couldn't claim for someone elses property and keep the money ?

    Comment


    • #3
      Perhaps if you offered to contribute to the insurance costs?

      Comment


      • #4
        Were the tools covered under a blanket contents insurance or listed individually?
        In other words did the inclusion of the tools affect the cost of the insurance?

        What is the replacement value of the tools?
        Were they insured under new for old basis?

        Comment


        • #5
          Your ex is the insured. Unless your interest was noted on the policy you appear to have chosen not to insure your goods.

          This is between you and your ex. You may have a claim on the basis that she holds so much of the insurance payment as relates to your property on trust for you.
          Last edited by atticus; 15th October 2022, 10:25:AM. Reason: correct typos
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            One may argue that your ex is the bailee of your tools and so has a duty to take reasonable care of them whilst in her possession.
            The important term is "reasonable".
            Is it for her to insure them?
            If they were covered by the household policy, one could argue that the indemnity paid by the insurers should be forwarded to you.
            There then arises the question of whether or not the value of the tools affected the overall premium ie were they listed individually because they exceeded a single-item limit ?

            I don't see the fact your ex paid the premium gives her the right to retain the tools or their value if paid out by the insurers.
            Perhaps you owe her reimbursement of some premium, as suggested by dslippy, and that would really be the best starting point of negotiations

            Comment


            • #7
              A contribution to the premium is going to be insignificant in comparison to the sum the OP will be asking his ex to hand over.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Thanks for all the input..
                No reasoning with her unfortunately.

                And she is not willing to provide the insurance documents even to my solicitor. And now I can't afford a solicitor.

                Sad times

                I'm going to make another post about another loss. I'd appreciate opinions.
                Thanks

                Comment

                • This topic by Luna Apeg has been deleted by EXC

                  #8
                  Since the house is jointly owned and you both have a joint mortgage, you typically both have rights to the property and any related insurance claims.

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