Burglars sued by victims' insurance company for the damage they caused

Two young men who were convicted of perpetrating a robbery at a home in Chateauguay in February 2011 are being sued for more than $14,500 by the victims' insurance company for the damage they caused.

Daniel Fonbarov and Islam Fundahi, both 18 years old at the time of the robbery, were sentenced to 240 hours of community service and three years' probation after trashing  the home of Guy Desrosiers and Sylvie Allard.

They were also fined $2600 for breaking in to another residence that same week.

The civil suit claims Desjardins Insurance handed the victims a check for $14,574.98 to cover the damage to the home and the lost belongings.

The company wants the two youths to pay for it and they have reason to believe they stand a chance of winning their case.

CJAD legal expert Chris Dimakos said companies assess the person's capacity to pay and if there's a good chance of getting reimbursed, they'll start legal proceedings. Dimakos said such cases are covered by your insurance company.

"If somebody causes damage to your property and they pay you for that damage because you're insured by them, they may automatically assume all of your rights and they can then decide if they want to sue the people who caused that damage. If you look through your contract, you'll see that key word, 'subrogation,' " Dimakos said.

Dimakos said these types of lawsuits are fairly common.

"All the time, insurance companies are constantly suing individuals who they think are responsible for the damages caused to a property," Dimakos said.

Dimakos said most cases are settled out of court.

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