Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 24, 2016

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Insurance Question from Cayce, SC

Asked on 03/24/2016

Family Medical Deductable 300K I had been living with her mother because she is elderly snd in bad health. The house caught on fire and is a total loss. My mother and I escaped the fire but my older sister did not. Allstate is denying payments to me because they say I was not living with my mother although I had no other residence. I suffered severe smoke inhalation and was hospitlized for 5 days. I also lost all my clothes and personal posseccions

Answer given on March 29, 2016

If there has been a fire in your mother’s home, and your personal property was destroyed, the insurance company should pay for your belongings whether they believe you were a resident of the home or not. The homeowner policy provides coverage for other people’s belongings, sometimes with a limit, but would provide some coverage. The deductible on the homeowner policy will apply, but it’s pretty obvious that that will be met due to the damage to the home. Go back to Allstate and ask them again to pay for your personal belongings.The smoke inhalation and hospital bills for you would not be covered. There would have to be negligence on your mother’s part for any bodily injury coverage to apply. Also, since you are a resident of the household, the insurance company would most likely deny any coverage based on that. If you have medical insurance then you should have them cover your injuries and hospital stay. That is what it is intended to do.


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