It's a common practice in the insurance industry that will outrage you. A fire department investigation says Robert Swaisgood didn't start the apartment fire. But the insurance company that paid for the repairs says it's his fault. Now Swaisgood must spend thousands of dollars to defend himself in court.
As the sun rose on January 5, 2009, fire lit up the sky in Bowling Green, destroying several apartments. Robert Swaisgood says he woke up from a sound and looked into his closet. It's a moment he'll never forget.
Swaisgood says he lost everything in the fire. Crystal, then his fiancee and now his wife, remembers how difficult it was. "We had to walk through the apartment, and it was just horrible."
But the couple picked up the pieces, married, and got jobs. Then, a year later, Swaisgood got a letter from EMC Insurance, demanding $230,000 to pay for damages from the fire. Swaisgood said, "You don't know what to do, you can't prepare for something like that."
EMC said he was responsible for starting the fire, but listen to this: nobody knows what started the blaze!
In the Bowling Green fire department's investigation report, it says no human factor contributed to the fire, and the investigator couldn't find a cause.
So, EMC hired its own experts. They didn't find a cause either, but concluded after the elimination of the water heater and all electrical means of fire cause, it was determined that the subject fire was the result of a human act, whether unintentional or incendiary in nature.
Simply put: the insurance company investigator couldn't find a reason the fire started, so he claims it's Swaisgood's fault.
The Swaisgoods call this a classic example of big companies bullying the little guy. Defending a case like this in court would cost thousands of dollars this young couple doesn't have.
And if you're wondering whether EMC Insurance can afford the $230,000 loss, the company has reported $10 million in profits this year.
When we called EMC, an executive vice president told us: the company believes Robert wasn't careful enough to prevent a fire. And when insurance companies pay for damages, they have the right to pursue those damages from the responsible party.
But the Swaisgoods say companies should need to have more evidence than this. "I don't see how they can put that argument on the table and make it believable for anyone to believe a lie."
EMC is still suing.
Interestingly, the Swaisgoods could have protected themselves, if they'd purchased renter's insurance. Most people know it covers the loss of your belongings, but it often covers you, if you're sued for something like starting a fire.
Our I-Team Extra has more important information every apartment renter should consider.
