Tenant caused fire. How to deal with my insurance

Tenant caused fire. How to deal with my insurance by Anonymous on November 3, 2009 @14:05

There was a fire in my basement of my rental town-home 3 weeks ago(damage about 25K to repair). My tenant caused the fire and she doesn't have renter insurance and she told me she is broke. I have owner insurance and H.O.A has insurance as well. However, I'm having a very difficult time getting either insurer to step up to do their duty to repair where there are arguments about the primary vs. secondary insurance and arguments about the tenant’s role. I consulted a local real estate lawyer and they require $3,000 retainer just for pre-litigation time, and $10,000 as the claims go forward. What should I do now? Does any one have any input, experience to share? Thank you very much.

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Re: Tenant caused fire. How to deal with my insura by Anonymous on November 3, 2009 @14:24	[ Reply ]
Ask a lawyer to write a letter to your state board of insurance requesting them to determine who is the primary insurer.

Re: Tenant caused fire. How to deal with my insurance by OK-LL on November 3, 2009 @14:38	[ Reply ]
Read your HOA governing documents, it will tell you if your HOA insurance is primary and what is required to be covered by that insurance.

Re: Tenant caused fire. How to deal with my insurance by Anonymous on November 3, 2009 @16:45	[ Reply ]
The tenants rental insurance covers her personal belongings. Have you contacted someone on the HOA board, the HOA usually has a lawyer that represents the HOA, so either someone on the board, or the lawyer might be able to explain who is supposed to cover what. Which HOA insurance usually covers common areas, common wall, etc.

Re: Tenant caused fire. How to deal with my insurance