Legal Question in Civil Litigation in Michigan
In 2008 while living in Kentucky, I broke up with my live-in girlfriend. As an act of vengance, she filed for an unsubstanciated restraining order which she somehow received, even though she claimed there had been no violence or threats towards her. Because she was still living in my residence, the judge ordered that I leave the property for 2 weeks, allowing her time to move out.
After the 2 weeks, I returned home only to find that she had robbed me of nearly $5,000 worth of property. I immediately called the police, but since she had been living with me, they refused to arrest her. I hired an attorney who sent her a letter trying to get her to return my property. The letter from the lawyer failed to achieve anything, and a few months later at the end of my lease I moved to Michigan. I also filed a claim with my insurance company, but like the police, they refused to pay a claim because she had been living with me.
Should the insurance company have paid the claim and do I have cause to sue them to recover my loss?
Thank you for your time.
2 Answers from Attorneys
Should the insurance company have paid the claim? No.
and do I have cause to sue them to recover my loss? No.
This appears to be an unwinable situation. I would accept the loss and move on.
I agree that the situation appears unwinable and may be unwinable, but the only way to determine whether the insurance company should have paid the claim is by reviewing the coverages and exclusions in your homeowners policy. If you have large deductibles, that will also have an impact. There is probably an exclusion for theft by one who lives with you, but unless you can find that exclusion, yourself, you should call your agent and discuss it with him/her or call a local attorney and ask him/her what he/she would charge to review your policy and determine your coverages and rights under the policy. Only then will you know that the case is "unwinable".
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