Legal Question in Insurance Law in Virginia

Claim settled after divorce

I was married in 2001 when the home we were renting caught fire. We lost approximately 70% of our items in this fire. We separated in 2002 and the divorce was final in 2003. My ex-husband had told me many times that we were not going to file the insurance claim because the items we lost were not that valuable - that it would take longer to file than what things were worth. It turns out (after I did some investigating) that he received over $50K. I have never seen any of this money. It is not included in our property settlement agreement - it is not mentioned anywhere. I finally learned of this when seeking a homeowners policy on a new home I have purchased. I am unable to get insurance with another company because I show up on a Clue Report indicating that I had a major claim in the past 5 years. Isn't this money legally mine as well? Shouldn't I be able to sue him?


Asked on 10/17/03, 1:58 pm

1 Answer from Attorneys
Jim Kearney Miller, Kearney, Geschickter, Joshi & Fogarty

Re: Claim settled after divorce

If you were on the policy and if the statute of limitations has not expired and if you have not waived your right to recover in the property settlement agreement, you may have a good claim to one-half of the proceeds paid by the insurance company. I would willing to discuss the possibility of filing a lawsuit to recover those funds. We do not charge for an initial consultation. If you wish to discuss this further, please call my secretary, Linda, and schedule an appointment.She can be reached on 703-218-1300.

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Answered on 10/17/03, 3:23 pm


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