by sgold3 » Thu May 05, 2011 10:18 pm
I have a few questions about Malicious Mischief, loss of use, additional living Expenses, regarding an insurance claim…
Had a Skunk Infestation where I used to rent. I gave written notice to Landlord (several times) about infestation. Landlord refused to do anything. I hired a trapper to abate skunks. After the trapper caught four skunks, landlord kicked the trapper of the property, put up a sign at the front gate, “ No Work can be done without owners permission”. The next day landlords hired a construction crew and had them encase skunks under my unit so the smell and noise would force me out. The day after that they shut to gas off.
I made a claim to ins co. for loss of use, Additional Living Expense- rental unfit to live in - Malicious Mischief. Claim was denied. Ins co said there was no malicious mischief. Any thoughts?
Thanks
Had a Skunk Infestation where I used to rent. I gave written notice to Landlord (several times) about infestation. Landlord refused to do anything. I hired a trapper to abate skunks. After the trapper caught four skunks, landlord kicked the trapper of the property, put up a sign at the front gate, “ No Work can be done without owners permission”. The next day landlords hired a construction crew and had them encase skunks under my unit so the smell and noise would force me out. The day after that they shut to gas off.
I made a claim to ins co. for loss of use, Additional Living Expense- rental unfit to live in - Malicious Mischief. Claim was denied. Ins co said there was no malicious mischief. Any thoughts?
Thanks
Posted: Fri May 06, 2011 11:34 am Post Subject:
The day after that they shut to gas off.
You'd have a better chance in civil court over this offense, than trying to press a claim for "malicious mischief".
Did you send your landlord the bill for the skunk trapper? You should have. That's the proof of loss you can use to support your tort claim against the landlord for shutting off your gas supply. Although he may be within his right to put up a sign prohibiting other to be on his property without his prior consent, he does not have the right to deny you the basic services as a tenant -- water, electric, gas service. That can even be a criminal offense in some states.
Find a landlord-tenant attorney and explore your options. From an insurance standpoint, you have already received the correct answer.
Posted: Fri May 06, 2011 12:19 pm Post Subject:
Yes, it can be a serious offense in certain states if the landlord denies you such basic services. The landlord shouldn't shut off your gas supply like that.
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