Is there a way to find out if someone filed a claim on a home owners insurance policy?

Question

I sold a home in 2003. The buyer is now suing me for "non-disclosure of water damage and repairs". The suit is for $7,600.00. There is no legitimacy to this claim. I want to see if he made a claim on his home owners insurance for this supposed repair in May of 2005. Please help! Any advise on obtaining this information would be awesome! If he did make a claim, he is not allowed to sue me in small claims court. Any other advise would be appreciated as well. I know I am in the right on this, but need the evidence to back it up. I may or may not retain an attorney. Also, he has been renting this home out since the purchase.

Answer 1

The information you want is available ( CLUE: http://www.choicetrust.com/servlet/com.kx.cs.servlets.CsServlet?channel=welcome&subchannel=clue# or A-PLUS 800-709-8842)

but since it's not your personal claims history you would't be allowed to obtain it due to FCRA restrictions.

If you were an insurance agent getting the information would be simple enough. If you were to get info this from your buddy the insurance agent, you may not be able to use it in legal procedings.

You may want to consult an attorney about how to get the insurance reports. Doesn't sound like his lawsuit will hold much water (pardon the pun). Good luck.

Answer 2

You should speak to an attorney, unless he has evidence that you knew about the issue beforehand, then he does not have a case against you. And sorry, but there is no way to find out if he's filed an insurance claim about it. Additionally the buyer sounds sketchy filing a suit against you 2 years after the repair work was done. Get a free consultation with a real estate attorney, you should be fine, as long as you really didn't know about the problem.

Answer 3

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RE :Is there a way to find out if someone filed a claim on a home owners insurance policy?
I sold a home in 2003. The buyer is now suing me for "non-disclosure of water damage and repairs". The suit is for $7,600.00. There is no legitimacy to this claim. I want to see if he made a claim on his home owners insurance for this supposed repair in May of 2005. Please help! Any advise on obtaining this information would be awesome! If he did make a claim, he is not allowed to sue me in small claims court. Any other advise would be appreciated as well. I know I am in the right on this, but need the evidence to back it up. I may or may not retain an attorney. Also, he has been renting this home out since the purchase.
1 following 6 answers

Answer 4

You can't find out. Well, there's a sneaky, illegal way to find out. See, it DOES work the other way. HE can find out if YOU put in a water damage claim.

See, when he bought the house, and insured it, the new company most likely ran a "claims history" on it. If it came back with a water claim, they'd say, ok, tell us about this water claim in 2002.; So bingo, he knows YOU put in a claim.

The only way to find out if HE put in a claim, is to have another insurance company put this report in. Of course, to do that and disclose the results to YOU, would be ILLEGAL on the part of the agent. They CERTAINLY wouldn't give you anything in writing, or admissable to court, as they'd likely get terminated for doing so.


And, I have NO idea why ever you think just because he put a claim in for it, he can't sue you. I know of NO restriction on this. All he has to do to not commit insurance fraud, is refund any amount the insurance company paid, to them, after he gets the money from you. But if this was OLD damage, more than likely, even if he claimed it, they denied it.

Answer 5

If he's claiming the damage happened while you owned the home - contact the home owners insurance you had on the home during the time the damage supposedly happened.

Don't know if they will provide coverage - but it can't hurt to throw it up and see if it sticks. If you do end up having coverage for this loss - your homeowners company may pay for a defense attny. It's a bit of a long shot - but I'd try it.

Answer 6

The buyer's lender (mortgage company) should've paid for an inspection prior to the sale of the home. The inspector would have noticed any existing damage (if any) and made note of it. If he/she did not find damages, I would think the fault is theirs & NOT yours. Contact an attourney and ask if the buyer has a case...I would hope not. Good luck to you.

Answer 7

the customer could have had a house inspection. pass back on your documents and seek for any of that documentation. In a courtroom case, you (your criminal expert) can request copies of records -- the residing house inspection, copies of estimates on maintenance, a assertion from the fix guy who says the subject replaced into 'previous', and documentation from his coverage. those are all seen 'disclosure', and something that he could use to report the grievance would desire to be presented to you to your evaluate. you may additionally request any copies of his inspection/ walk-via together with his renters. If he has a hire with them, a sensible company guy could have had a written inspection of the valuables (so as that the renter would be accurately responsible for damages HE led to). in case you have the inspection checklist from once you obtain the residing house, it relatively is reliable, too. He can, on the comparable observe, request the comparable documentation from you, so if there have been any coverage claims at an identical time as you owned it, or maintenance for the period of that factor, be arranged to share.

Answer 8

you need to speak with your lawyer... the lawyer can find out this information...