Is it legal for homeowner insurance company to ask for money being paid to me for subrogation payments?

My home was invaded and occupied while I was on vacation. Much of the interior of the house and furniture was destroyed. The insurance company paid for the damages. The parties involved were taken into custody and were ordered to pay me restitution. Does that money belong to me or does it belong to the insurance company? The insurance company states that after deducting my deductible from the payments the money belongs to them. Is that true? Am I supposed to send the money to the insurance company?

Asked on March 11, 2012 under Insurance Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

How horrible for you.  Here is the thing: you are not entitled to be paid twice for the same claim.  The insurance company has a right to go after the people who did this but then they do not have to pay twice: you and the insurance company.  So yes, take the deductible out and then give them the rest.   

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