Legal Question in Insurance Law in Arizona

Re: Fire in rental

One interesting aspect of the practice of law is that regardless of the number of years of experience one has a unique problem can surface at any time. In my particular experience since 1977 as a clerk and 1979 as an attorney I have not had a fire which started in the car destroy the building, yet I have heard of this happening.

I will presume that the auto insurance will cover the car itself only, not the building. The homeowner's fire insurance policy will cover the building. These cover regardless of proving "fault" of another party.

A negligence claim against the dealership is possible, if you can prove it with sufficient evidence. If the fire was caused by negligent repair, not by a defect in the manufacture of the vehicle, I would not count upon the manufacturer paying for the loss, but it cannot hurt to try. Your car insurance company is trying to get repaid for its payment; they will not be helping you get the building paid for.

Usually there is homeowners insurance, and a separate policy for the association. It sounds like your condo is not sufficiently insured if this loss is not completely covered, not counting the deductible. Your efforts might be best directed at working the building insurance policies for their coverage. Examine the policies closely, and perhaps have an insurance attorney review the claim.

Best of luck is our wish for you,

James D. Jenkins