Here is description of the elements of this case.
State of Illinois
Agreed Order, Filed Nov. 20, 2014 stating exactly as follows:
Other pertinent facts:Quoting Agreed Order
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:
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. )Quoting Certified Letter
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?