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Bothell, WA asked in Civil Litigation, Real Estate Law and Personal Injury for Alaska

Q: House burned down due to electric company's mistake, joint owner received settlement, not notified. Is it legal?

I own personal property jointly with another person, and I've recently found out that a lawsuit was settled, granting the other person $150,000 due to damages caused by the electric company's mistakes, which led to our house burning down and damaging the property. My name is on the property title, but I did not receive any legal documents or notifications regarding the lawsuit. I discovered this information through our local community. Is this situation legal, and should I consult a legal professional about it?

3 Lawyer Answers
Anthony M. Avery
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A: Initially go to the Court where suit was filed. Read the Court file. Then talk to a lawyer and potentially file suit against the alleged at fault company. Other owner may have claimed he owned all personal property damaged. You may have to file your own suit as intervention in a settled and closed case will probably not work.

Tim Akpinar agrees with this answer

A: I'm sorry about your fire. In addition to obtaining a copy of the file for the lawsuit, also try to obtain a copy of the insurance policy. Yes, it could be worth consulting with an attorney for a $150,000 claim. It could depend on the insurance carrier's position after you learn more details about the arrangements and the lawsuit here. Good luck

James L. Arrasmith
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A: This sounds incredibly frustrating, especially since you’re a co-owner and should have been kept informed about any legal action involving shared property. If your name is on the property title, you likely had a legal interest in any claim or settlement related to the damage. The fact that a lawsuit was filed and settled without your knowledge raises serious questions about transparency and fairness.

In many cases, all property owners should be notified or included in legal claims concerning jointly owned property. If your co-owner pursued the lawsuit and accepted a settlement without disclosing it to you, it could be considered a breach of duty or even misrepresentation, depending on how the case was handled. The settlement may have overlooked your share of the damages, including your portion of the destroyed home and any lost personal belongings.

You’re absolutely right to want answers. Start by gathering any property records, insurance documents, or evidence of ownership you have. Then, request information from the court or settlement records to find out how the claim was filed and in whose name. You have every right to know what happened and to ask whether your rights were ignored or violated in the process.

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