Legal Question in Consumer Law in Virginia

Re: House Fire

Your insurance company would likely have a claim of subrogation to any payment(s) you might receive from the candle company up to $9K (assuming that was the total measure of your damages from this particular incident).

Re: House Fire

Very interesting question.

Yes, I believe it is for the following reasons:

First, as you know insurance often does not completely compensate you for all of the time and disruption, or even 100% of the property damage, that you suffer. So the insurance payment does not necessarily cover 100% of your actual losses.

While you normally cannot be doubly-compensated, insurance often falls short of completely compensating you for the losses.

Second, insurance is a CONTRACT. You PAID for those benefits with your hard-earned money. Therefore, you received that money as a result of a CONTRACT that you bargained for as a business transaction.

That is different from being paid for the "wrong" of a defective candle holder.

However, Mr. Hendrickson is right that your problem may be with the ins. co.

So it is perfectly legal to accept this other payment.

But that might not be the end of the story, re: the insurance co. (Although sometimes -- amazingly -- ins. co's don't bother with small sums, to my surprise.)