Legal Question in Insurance Law in New York

Re: Insurance Company Threats following Fire

Did you get/do you have renter's insurance? Do you have a homeowner's policy? The most important step is to notify your insurance carrier(s) about this claim, since the insurance may well take care of the whole problem. If you don't have insurance to cover this exposure, then you should speak to an attorney if you have assets to protect. If you don't have assets to protect, and you don't have insurance, then you probably have neither the means nor the reason to engage an attorney. We're expensive.

You should check your lease. Many leases contain a "waiver of subrogation," which could mean that the insurance company has no right to collect from you.

Finally, be aware that the insurance company probably did not send you the required notice under the Fair Debt Collection Practices Act. Now this is a tricky angle. Insurance companies do not have to send that notice if they are collecting their own "debts." However, by law, the insurance company has to try to collect the deductible amount that the property owner had to absorb. THAT part of the process is not the insurance company's own debt, it is the debt owed to another (if anyone). Therefore, it is substantially certain that the insurance company has violated ths Fair Debt Collection Practices Act.

But don't lose sight of the most important issue, which is to make sure your insurance company (if you have one) knows about the claim.

Re: Insurance Company Threats following Fire

Unless you have renters or homeowner's insurance it would probably highly reccomended for you to retain the services of a lawyer. Doing so may be able to prevent the lawsuit or at the worst be prepared for it when it does arrive. 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.

Law Offices of

STEVEN J. CZIK, P.C.

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.