In a liability claim, does the liable party have to disclose the report they have from their cause and origin specialist?

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In a liability claim, does the liable party have to disclose the report they have from their cause and origin specialist?

We had a fire, which after the fire department investigation they determined the cause to the cable box attached to our home and now the cable company says they sent a specialist out and determined it could be arson but will not let us see the report.

Asked on November 2, 2011 under Insurance Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

Yes and no and under the right set of circumstances.  If they are denying any wrong doing on their part and are thus denying your claim then you may have to in fact sue them directly or do something that gives you the right to obtain information. Now, let's take a step back here.  Do you have insurance on your home?  Have you made a claim?  If you have made a claim on your insurance and there is no issue with that claim based upon your report from the Fire Department investigation - the allegation of arson is just that: an allegation - then your insurance company should pay out to you and will subrogate against the cable company.  But you are right to want to see the report as arson would invalidate your claim under your policy.  So make a demand from the cable company to see the report - in writing and cy certified mail - and see what happens.  The consult with an attorney to protect your interests here.  Good luck. 


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