Legal Question in Civil Litigation in California

My home was damaged by moisture from neighbors flower bed. I want to discuss the problem with neighbor's insurer, but the neighbor is not willing to provide the name nor the policy number of their home insurance company.

Is there anyway to find out whether the neighbor has a home insurance, and if so, who is the insurer company?


Asked on 2/07/12, 9:42 am

2 Answers from Attorneys

There is no public record of that information. There also is not much point in getting it unless you are in litigation. You can't make a claim on someone else's insurance. If they choose not to make a claim, there is nothing you can do. The only sure fired way to get information about insurance coverage is to sue them and then propound the Judicial Council Form Interrogatories and ask the insurance questions.

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Answered on 2/07/12, 11:39 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. McCormick. If your neighbors have property insurance, it covers only their property and not yours. They may also have liability insurance (a standard part of most homeowners' policies), which covers certain types of claims others make against them. That is the part that might pay for the damage to your property.

Even so, the insurer owes its duties to your neighbors and not to you. You cannot make a claim against their policy, and you have no right to the information you are seeking.

Mr. McCormick is right that you can get this information by suing your neighbor and then asking about their insurance coverage during discovery. First, though, you should consider sending them a formal demand letter. They will probably send that letter to their insurer, which may then step in and try to settle the claim before you file your lawsuit.

You should have a lawyer prepare and send the letter for you, and then represent you in any negotiations with the insurer. If you do these things yourself, the insurer will likely try to take unfair advantage of you. Besides, your threat to file suit will be much more credible if the neighbors and their insurer know you already have a lawyer.

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Answered on 2/07/12, 12:05 pm


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