Legal Question in Insurance Law in New York

Re: Coop Fire Insurance

It is very likely that you can hold the coop and or your neighbor liable for the damage sustained in your home. If you have your own insurance you should notify your carrier immediately, and they may be able to go after the repsonsible parties. Either way you most certainly need legal representation as soon as possible, for a number of various things that are required to be done right away. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Re: Coop Fire Insurance

(A) Don't you have insurance of your own? For pity's sake, if you have insurance, notify that carrier immediately.

(B) If you don't have insurance, there will be litigation. Lots of it. Several strategies should be followed simultaneously.

(1) Against the Co-op, your claims will be three: first, the coop is maintaining property insurance, using your maintenance money, and it should have prosecuted an insurance claim on your behalf. You will need to see the policy before this claim nailed down. Second, your apartment has been rendered uninhabitable (smoke smell, moisture) and possibly dangerous: moisture produces mold and that can render the entire building a total loss. Stachybotris mold (shiny black mold) can result in the entire building being condemned as a toxic waste site, so the coop needs to take this seriously. The third line against the coop is that the coop is responsible for the building, therefore if the electrical fire was in the system (as opposed to a tenant who overused extension cords) the coop is liable for all the damage to your property and your lost use of the apartment if/when you move out because the mold and smell are too much.

(2) Against the tenant, you file a suit. He might have insurance. He might not (but in that case, he owns shares in the coop and you can eventually levy on those if you win). But you don't worry about that yet. You need to get this matter into suit right away.

You have an emergency situation on your hands. You should engage counsel immediately. You need to get an engineer into the building BEFORE repairs are performed and/or your attorney needs to serve a no-spoliation demand on the coop to preserve evidence...and there's lots more to be done.

Hire an attorney right away.

Re: Coop Fire Insurance

We would be happy to discuss the matter with you and inform you of your options. Feel free to contact us at your earliest convenience.