Legal Question in Insurance Law in California
Subrogation-Res Ipsa Loquitor
I am being subrogated against in a house fire. I was a renter without insurance. I removed hot towels from a fire and placed them on a bed. I then went to the room adjacent to use the computer. An hour later I smelled smoke and returned to the bedroom. The towels were on fire.
The insurance company subrogates under res ipsa loquitor here. The official report states ''inconclusive'' causation. The fire inspector photographed ''smoking paraphernalia'' in the house (although none in the room where the fire started) and the report strongly implies smoking was at fault. I was not smoking and never did smoke in the room where the fire originated. My belief is that the towels combusted due to a combination of oxidation when removed from the dryer and overheating, along with bath product residue that had accumulated in the cotton (cf. restaurant and commercial laundry fires).
I am not at fault here, and the subrogation firm states that I must pay or be sued. I consulted a lawyer who stated it was better for me to pay up, since I would lose the case. I did nothing wrong and yet case studies show these types of claims are usually found in favor of the insurer. Is there anything I can do?
3 Answers from Attorneys
Re: Subrogation-Res Ipsa Loquitor
When you chose not to buy renters' insurance, you made a bet that you would never become liable for fire damage to the apt. You saved what, $150? You lost the bet, pay up.
Re: Subrogation-Res Ipsa Loquitor
Res ipsa loquitor is basically a rule of evidence permits a jury find that a defendant was negligent on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence. Your theory regarding how the fire occured sounds absurd. Based on the facts as you have described them, I believe that your actions did cause the fire and that you were negligent. Unless you can find an expert witness to support your theory, I believe a jury would find you responsible.
I believe that you would lose at trial. Your options are bascially to fight the lawsuit a hope a jury agrees wit you, try to reach a settlement or file bankruptcy.
Re: Subrogation-Res Ipsa Loquitor
Maybe there is. I express no opinion on the cause of the fire, or your explanation.
As for insurance law, you might possibly be an insured under the owner's policy. Was there a lease and if so, what did it say about insurance? Sometimes the insurance is for the benefit of owner and occupier, and an insurer cannot subrogate against its own insured.
Do you have any other form of insurance which might cover any of your liabilities - from a business you own, or might have been working for at home?
See an insurance lawyer or real estate lawyer who knows something about landlord tenant matters.
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