Legal Question in Insurance Law in Arizona

smoke damage

i recently moved into a new house,two houses alongside me burnt down my home had enormous smoke and some ember damage who will be responsible for smoe and fire restoration for my home.[the two houses were still under construction by the builder] thank you.


Asked on 8/30/04, 9:41 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: smoke damage

Depends on cause of fire.

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Answered on 8/30/04, 8:19 pm

Re: smoke damage

I think you should file a claim with your insurance company for your damages. At some later point your insurance company may sue the builder or the owner of the burning property for funds they paid you. And, you may have to sue the builder or the building owner if your insurance company does not provide full relief.

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Answered on 8/31/04, 8:57 am
James Jenkins Jenkins Law Center PLC

Re: smoke damage

What caused the fire? A negligent party may be repoonsible. File a claim with your insurance on your homeowner's policy; the adjuster will seek subrogation (reimbursement) against the at-fault party or his insurance.

Do you have CC&Rs in your neighborhood? They may have an automatic responsibility covenant for damage done to a neighbor's property. Check that out as well.

If the cause of the fire is unknown it may be classified as a natural disaster. Make sure your insurance company covers odor damage to contents, drywall, etc. Sometimes the odor can leach back out over time. Consult a restoration contractor. They know what to claim on your insurance and can inspect the job.

Are you in Arizona?

Good luck,

James D. Jenkins

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Answered on 10/26/05, 9:46 pm


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