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  1. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Liability of an Occupant for Frozen Pipes in a Commercial Rental Property

    1.) Being a community property state, did the landlord still have a legal responsibility to write a new lease in my name?
    No. But you were still a tenant, if that's what you are wondering.

    2.) Do I have the right to view copies of the bills acquired for the claim?
    Yes. Demand them.

    3.) Do insurance companies normally jump straight to subrogation? Or do they usually contact the accused first?
    Once the claim is paid to the insured, subrogation is automatic. Sending you the bill IS the first contact with the "accused."

    4.) If my name was never on the lease, can they still come after me, being that I never signed a binding contract assuming responsibility of the building?
    Yes, they can still come after you. As I wrote earlier, you are still a tenant and responsible for any damage you cause due to your negligence.

    5.) Do subrogation companies have the ability to suspend my license and registration?
    No.

    6.) How do I proceed with SubroIQ? What do I say to them?
    Whatever you want to say to them but keep it short and simple. If you believe you aren't liable just say sorry, I'm not liable and let it go at that.

    7.) What happens if they sue me?
    You defend.

    8.) Do I have any chance of getting out of this situation without paying anything? Other than attorney fees of course...
    No way to predict. Though I do suggest you consult an attorney because you are correct that your liability coverage excludes damage to property that you "own, rent, or occupy."

    I feel like there is too much gray area in my situation. My attorney literally told me last week to take it up with SubroIQ. It feels like she either doesn't know what to do or she simply doesn't care.
    Then you need to find a lawyer who specializes in liability defense work.

    Google liability defense lawyer for your city.

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