If a person is living in relatives home, and is covered by their home insurance and a fire occurs and all my belongings were destroyed, am I legaly entitled to compensation…

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If a person is living in relatives home, and is covered by their home insurance and a fire occurs and all my belongings were destroyed, am I legaly entitled to compensation…

I was living with my aunt and all
my belongings were destroyed.We had
a inspector show up and documented
it was my belongings,and my aunt
was paid for damage and loss on the
house,but I was never given nothing
for any of my losses, so can I
legaly sue for my losses, from the
fire since their was proof on
document of what I had lost.

Asked on May 9, 2018 under Insurance Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't sue your aunt's insurer for not paying you: her insurer is *her* insurer, not your insurer. The insurer's contract (the policy; an insurance policy is a contract) is with her, not you; she paid the premiums, not you; and the insurer's obligation is to her, not you. Not being in a contract with them, you have no standing or legal basis to take action against them.
You can sue your aunt herself, BUT she will only be liable if she was at fault in causing the fire--e.g. it happened because she smoked in bed, left a pot burning unattended on the stove, etc. A person is only liable or responsible for damage or losses she caused through negligence (unreasonable carelessness) or an intentional/deliberate wrongful act. If your aunt was not at fault for the fire, she will not be liable and not have to pay, and you will not receive any compensation.


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