Legal Question in Insurance Law in California

Does Tenant's liability policy covers part of my Fire Loss ?

Property caught on fire with about 400K damages. My Fairplan policy does not cover all of it. Can I make a claim against tenant's liability insurance ? Tenant, sublet to3 other tenants illegally, he modified the fecade and interior of thebuilding with no permisson and with no proper permits. illegaly wired the build , which was the cause of the fire. Tenant is evicted due to non payment of the rent. (lock out in next 2-weeks) His insurance is Commercial General Policy ($1000,000), with damage to rented property up to 50,000 (each Occurance). Thank you very much for your comments,


Asked on 7/26/07, 11:57 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Does Tenant's liability policy covers part of my Fire Loss ?

That will depend upon what his liability policy says. If his liability coverage is merely part of the general policy you describe then the answer will probably turn out to be no. There would be little point in limiting the coverage for damage to rental property in one portion of the policy but allowing more elsewhere.

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Answered on 8/08/07, 7:47 pm
Steven Murray Steven W. Murray, APC

Re: Does Tenant's liability policy covers part of my Fire Loss ?

Probably. Contact an attorney since the fireinsurer will certainly subrogate and try to get its money back before you get any, which is not the law.

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Answered on 8/08/07, 8:05 pm


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