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Coma
Thanks Steve
Premium
join:2001-12-30
NirvanaLand
reply to microphone

Re: Should we let the tenant move back in after the fire?


The fact is, you can write a contract to do what ever you want.

--
December is National Fruit Cake Month

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
said by Coma:


The fact is, you can write a contract to do what ever you want.

To a certain extent... but only if you are a surplus lines carrier. If you are not, your policy is regulated and needs to be approved by the state its written in. But even then, a renters policy is going to provide liability coverage. If it did not, it would not be a "renters policy".

I'm hoping my prior post explains where I think the confusion lies.

In the case of the OP, if I were his property carrier I'd certainly go after the renter for payment. But as mentioned in a prior post, I'd certainly like to see what knew about the heater. Still, there is going to be a very good argument that she either knew it was a heater or should have known. That is why a renter should have liability insurance... to offer them a defense in these matters. As the OP, I'd at least ask the renter to pay the deductible (if the OP's carrier was not going to seek recovery from the renter). I'd also add some wording into the lease that the renter needed to maintain an insurance policy. This not only goes toward protecting the dwelling but also protecting the OP against liability. If the renter has someone over and that someone "slips" (or is insured) they would probably attempt to hold the home owner liable. I won't get into this but it happens _all of the time_.... even when it's the renters negligence. The OP should be listed as an Additional Insured and perhaps even an Additional Interest (if possible) on the renters policy.