We had a house fire and the forensic investigation identified a faulty kitchen stove as the source. I have received a “subrogation receipt” from a lawyer who was hired by the insurance company to subrogate my claim. It looks like they’re asking to settle with the at-fault party on my behalf. Am I waiving any of my rights by signing this? Has anyone sued a responsible party for non-financial damages from an insurance claim? We have been displaced from our home for over a year.
Tyler Davis asked 3 months ago 2 Answers
Dear Tyler,
I am based in Vermont and though we’re both small and adjoining neighbors, VT and NH can be pretty different. I expect the policy has a subrogation provision. If it does, signing off would be OK, or more likely, required. The caveat would be if the homeowner’s insurer didn’t fully compensate you for the losses sustained. The release would then need to be adjusted so that your claims were preserved (assuming the differential were enough to care about).
I hope this offers a bit more for you.
Kevin Brown
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Dear Tyler,
Thank you for contacting United Policyholders. We apologize for the delay in responding to your question. Most likely, your policy gave your insurer the right to pursue the claim against the stove manufacturer. The important thing is that you get made whole, so while you may not be able to refuse to sign the settlement – you should secure written assurance from your insurance company that they will be covering all your expenses to restore your home and your temporary living expenses until you can move back in, regardless of what they’ve recouped from the stove manufacturer. We’ve reached out to a lawyer volunteer who practices in the Northeast who may have additional suggestions. Ideally, get that assurance before you sign anything. Our concern is that your insurer pay all available benefits and take care of you, not their own financial interest in recouping what they pay you in benefits.
Best of luck,
Team UP