Can I file a claim with my homeowner’s insurer, as well as a seperate claim with the electric company, for damages from power surges?

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Can I file a claim with my homeowner’s insurer, as well as a seperate claim with the electric company, for damages from power surges?

They caused damages to my appliances, lighting, food spoilage, etc. The break in the powerline was repaired by the electric company which has accepted responsibility for damage to the line. Is this legal and acceptable to file 2 claims, or do I have to choose one to file a claim with?

Asked on April 2, 2015 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may file two claims, but you cannot double collect: that is, if your total damages were, say, $3,000, you can only receive a maximum of $3,000 from insurer and electric company both. Furthermore, if you receive a payout from your insurer, you will need to turn over any amounts from the electric company to them until their payout is reimbursed (this is called "subrogation") and then can retain amounts over that.


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