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  1. #1
    Join Date
    Mar 2015
    Posts
    18

    Default Who Gets What from an Insurance Payout

    Here is description of the elements of this case.

    State of Illinois

    Agreed Order, Filed Nov. 20, 2014 stating exactly as follows:

    Quote Quoting Agreed Order
    This matter to be heard upon Plaintiff's Complaint for Forceable Entry and Detainer, and to declare forfeiture of Agreement for Deed, the Plaintiff present in open court in his own proper person and by his attorney xxxxxxxx xxxxx, the Defendent xxxxx xxxxxx, present in open court, Per Se, the parties having reach a stipulation and agreement, and the court being fully advise in the premises:

    It Is Hereby Ordered:

    1. That all of the Defendent's right, title and interest in the real estate located at

    (Address and legal descripition following)

    2. That possession of the property of the subject matter is stayed until Apr. 15, 2015.

    3. That the Defendent shall have until Apr. 15, 2015, to pay all contract arrearages and attorney's fees and reinstate the contract. In the event she completes the foregoing, this case shall be dismissed.

    4. For her continued residency in the premises, the Defendent shall pay to the plaintiff $100.00, commencing December 1, 2014, and shall give to plaintiff proof of insurance on the property by december 1, 2014.

    5. If the defendant fails to make the monthly interim payments or fails to provide insurance, the Defendent ( note. this actually probably should have been Plaintiff, apparently the lawyer creating the order screwed up) may re-notice this of action for possession earlier than Apr. 15, 2015.

    ((( so ends the order, of course, it had the proper signatures and the name of drafting attorney)))
    Other pertinent facts:

    The Defendant completed her obligations Dec. 1, Jan. 1 and Feb. 1 and gave proof of Insurance Dec. 1 listing the plaintiff as an additional insured.

    The insurance never lapsed ( but came close a couple of times)

    Then on Feb. 23, 2015 there was a fire at house. Not suspicious ( incense falling into a wicker basket in the bathroom, all occupants esacped relatively unharmed) according to the Fire Department but a total loss.

    Mar. 1, 2015 payment of$100 was missed by the Plaintiff.

    Mar. 6, 2015 8:44am. Certified Mail delivered to Post Office stating as follows:

    Quote Quoting Certified Letter
    This is to inform you that on this date, March 6, 2015, that because of your miised payment of $100 due to me by Mar.1, 2015, per the Court Order No. xxxxxxx, dated Nov. 20 2014, a copy of which is enclosed, I Demand Immediate possession of my property located at xxxxxxxxxxxx, as described in the aforementioned Court Order.

    Furthermore, you are notified that, because of your missed payment, your ability to pay all conttracr arrearages and attorney's fees in order to reinstate the contract by Apr. 15, 2015, as stated in the Court Order, is terminated.

    Signed, Mar. 6, 2015

    (Plaintiff signature and typed name here)
    The insurance company cut a check for about $85000 ( maximum payouts for all aspects of the policy pertaining to the dwelling) specifically for the dwelling and demoliton in the names of both the Plaintiff and Defentant and the delivered it to the Defendant sometime late afternoon Mar. 5, 2015. The insurance adjuster notified the Plaintiff by email at 10:19am Mar. 6, 2015 of the delivery and also provided his required settlement letter, explanations and breakdowns. ( Plaintiff knew delivery would be around that date but was not informed of the details before hand. )

    Other amounts are presumed to be have been paid for the contents of the house but the insurance company nor the Defendant, has responded to requests by the Plaintiff to make details of that part of the settlement available to the Plaintiff.

    Plaintiff also raised concerns, by emails and conversation, with the insurance adjuster that the Defendant may try to forge the Plaintiffs signature and cash the check.

    Now, of course, the questions and battles begin.

    In phone conversations with the Defendant's sister around 12:30pm Mar. 6, 2015, their contension is that they are entitled to a huge portion of settlement saying it was the Defendant house. I, Plaintiff, tried to get them to understand that they are not, nor have ever been, the owner of the property as they never completed their obligations ( as demonstrated by the Court Order of Nov. 20, 2014) under the contract hence title to the property remains in Plaintiff's name.

    I also explained to them the maintainence of a paid up to date insurance policy that covered dwelling and liability, plus the $100, was part of the Plaintiff's consideration for allowing the Defendant to remain in the residence until Apr. 15, 2015. ( rent in a different form)

    My, Plaintiff's, reply to them was that I do not know what portions of the payment I am entitled to and would have to have an attorney examine it and then probably have it decided by a judge. I stated to them that I would not sign the check until I was sure about how the proceeds should divided.

    Here then, of course, is a the big question: Based on the facts presented here, how much of the insurance check is the Plaintiff entitled to and how much of the payment is the Defendant entitled?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Who Gets What from Insurance Payout

    You identified an error in the order; there's either at least one additional error in the order or you left out part of the language when you transcribed it.

    What happened in court after you re-noticed the matter for possession?

    Presumably the contract for deed has standard terms about repair and insurance, such that it's clear that the insurance must be applied to the repair of the home.

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