QUESTION

Can I be sued for the deductible in an insurance claim?

Asked on May 24th, 2018 on Civil Litigation - North Carolina
More details to this question:
I put a pan on the stove and then went to use the bathroom in the home owned by my former fiance. The pan and the oil in it started a kitchen fire that caused smoke damage throughout the house. There was no battery in the only smoke detector in the house. I was living in the house with him and paying rent. Before the claims adjuster came to the house, the owner went to the store and bought a battery for the smoke detector. Now he says that he will sue me for the deductible. Does he have a case? And can I sue him for not having a working smoke detector in the house? I have given him money throughout the time we have been together. Can I sue him for that or for a breach of contract if he puts me out or causes me to leave when he had promised to marry me by now?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, but some of the potential claims you raise appear meritless. First, if you negligently caused fire damage, the home owner can certainly sue you for his damages, i.e. the deductible on his insurance policy, and the insurance company can sue you for the money it laid out.  You may have a defense, or a partial defense, based on the lack of a working smoke detector Iespecially if NC law would consider you a tenant and requires smoke detectors in landlord/tenant situations, which I suspect it does) if you can show that, had the detector been working, there would have been no damage or less damage, and also if you didn't know that the detector wasn't working.  This would be a defense to his claim, not an affirmative claim of your own, unless you yourself suffered damages due to the detector not working  Also, the owner may not want to bring suit because you have evidence of what could be considered his insurance fraud - fooling the insurance company by putting a new battery in the detector after the fire. I don't see any basis for any claim based on monies you have given him during your time together, unless you gave him that money in contemplation of marriage.  Also, I'm not sure what contract he would breach by putting you out of the house.  I don't know if NC recognizes a claim for breach of a marriage contract; even if it does, a court may not be very sympathetic to such a claim in this day and age.
Answered on May 24th, 2018 at 12:21 PM

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