Legal Question in Consumer Law in New Jersey

Flat roof fire

Regardless of my homeowners insurance company suing the roofer's insurance company,can I sue the roofer who caused the fire civilly? We will displaced for months until the house is repaired.And there seems to be no question that he caused the fire by torching down a rubber roof.


Asked on 8/30/04, 10:05 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Flat roof fire

Generally, pursuant to New Jersey statutory law, your insurance company is entitled to recover the amount it paid to you from the individual responsible for the fire. However, you are also entitled to recover any losses proximately caused by the fire that were not covered under your insurance policy if the fire was caused by the roofer�s negligence. You should contact your insurance company in order to determine if they have already begun a process to recover the money from the roofer�s insurance company. If so, it is important that if they settle any claims with the roofer�s insurance company they protect your right to recover any losses not covered by insurance. If they have not yet begun any proceedings, a lawsuit can be filed in your name seeking recovery for all losses with your insurance company being entitled to the amount it has paid out. In order to determine if you have a potential case against the roofer or any other parties a more detailed description of what happened is needed, including how the fire occurred, what products were involved in the fire, and any contracts between you and the roofer. If you would like to meet with one of our attorneys please give us a call and we can schedule an appointment. Adam Rothenberg, Levinson Axelrod, 1-800-34 NJ LAW

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Answered on 9/02/04, 2:09 pm


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