V. PERSONAL PROPERTY Frequently Asked Questions
1. Who is responsible to replace my personal property that was located on someone else’s property (at leased property, rented out to a customer, etc.)
Absent a lease provision to the contrary, the landlord would not be liable to the tenant (or the tenant’s customers in a commercial context) for storm damage to the tenant’s (or customers’) personal property. The owner of the personal property bears the loss.
Insurance contracts frequently will produce a different result. The liability insurance carried by a car dealership, for instance, might well cover storm damage to third party vehicles that were in the shop waiting for repair when the storm hit.
In some situations, multiple insurance coverage might be available (in the example just given, the car dealership and the car owner may both have liability insurance that would apply).
2. Who is responsible for the value of my personal property that was stolen (looted)?
Generally, theft would be covered under most insurance policies. For homeowners, the specific property that might be covered, and the exclusions, would all be set forth in the homeowners’ policy. For tenants (for instance a tenant that operates a shop that was looted) the landlord’s insurance is not likely to respond, and as noted above, the landlord is not going to be legally responsible absent either a lease provision that places the loss on the landlord or some widely recognized common law theory unless there is a demonstrated failure of the landlord to provide adequate security.
3.
Is there any program available for me to recover the value of my lost personal property?
Absent insurance, FEMA rules apply. FEMA will refer most applicants seeking compensation for damaged or destroyed personal property to the SBA for a loan. Only if that loan is denied or if the SBA application requirement is waived because of the applicant’s low income will the applicant be considered for grant funding for other needs assistance. ONA is extremely limited, covering only essential items of standard quality.
4.
Does my automobile insurance cover the damage to my car resulting from the disaster?
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