If I loaned my brother some audio/computer equipment but it was accidentally destroyed, who would be responsible for repair/replacement costs?

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If I loaned my brother some audio/computer equipment but it was accidentally destroyed, who would be responsible for repair/replacement costs?

Lightning struck his house and destroyed the equipment, along with some of his equipment. Since the equipment belonged to me, he cannot honestly claim the equipment as belonging to him for insurance purposes. Who pays – me, him or the insurance company?

Asked on February 3, 2015 under Insurance Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

His insurer pays IF his policy covers the borrowed belongings or belongings of other people in his home--some policies cover this, some don't; he needs to review the specifics of his policy.

If his policy doesn't cover, you'll have to pay yourself, I'm afraid: he is not liable for an "act of god" (lighting) over which he had no control and for which he bears no fault.


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