Legal Question in Business Law in California

My neighbor's water heater leaked and caused damage to my property. She made a claim with her insurance company for my property damage. Her insurance company, Farmers, decided that she was not negligent since she had just had the water heater checked a few weeks prior by a plumbing company. Therefore, Farmers claims she is not responsible and is denying payment for my property damage.

I believe Farmers' decision is incorrect. Therefore, I want to sue in a small claims court. However, my neighbor has since moved and I don't know where she currently lives. Since she has moved and I do not know where she lives, can I name her as the defendant in a small claims lawsuit, but then SERVE the lawsuit on her insurance company? In other words, I name my neighbor as the defendant, but then since I cannot locate her for service, I have her insurance company served with the lawsuit. Will this be considered a valid service? Can this be considered a "substitute service"? Her insurance company can easily notify her of the lawsuit if the complaint is served on them.


Asked on 3/30/14, 10:03 pm

4 Answers from Attorneys
Joel Selik www.SelikLaw.com

No that is not valid service.

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Answered on 3/30/14, 10:13 pm
Charles Perry Law Offices of Charles R. Perry

This would not not valid service. You must make an effort to locate your former neighbor, and serve her.

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Answered on 3/30/14, 11:22 pm

Substitute service is a very specific process that has nothing to do with insurance companies. It still requires finding out where the defendant lives or works.

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Answered on 3/31/14, 12:27 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with the prior answers. Buying an insurance policy does not authorize the insurer to accept service on behalf of the insured. You will have to find the defendant. If you make reasonable efforts but can't find her, you will have to serve her via publication.

But if you have homeowners insurance, you can just make a claim on your own policy. If there is a worthwhile case to be made against your former neighbor, your insurer might bring it on your behalf. Either way, the insurer should pay for the damage to your house, less your deductible.

Good luck.

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Answered on 3/31/14, 10:45 am


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