LEGAL MATTERS: What Does Your Homeowner’s Policy Really Cover?
Wednesday, May 16, 2012
Regularly, we receive calls in our firm from homeowners asking for help because their dog just bit someone or their teenager negligently injured the neighbor’s kid. While the event itself may be upsetting, homeowners can take some comfort in the fact that they have liability insurance coverage that may offer more protection than they realize.
Homeowner’s liability coverage is that portion of insurance that protects a person from others who claim that you have negligently harmed them. The law recognizes that we all have a duty to show reasonable care to others. When we fail to exercise that care it is considered negligence.
While most homeowners know that their insurance policy covers incidents and injuries that happen inside their home or on the property, they have no idea that the coverage goes beyond the property line.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTFor example, you are at the dog park and your dog bites someone. Under most policies, you are covered for any damages associated with that injury. If your child is skateboarding down the street and runs into one of the neighbors, knocking her over and breaking her leg, you are covered for those damages. And golfers will be happy to learn that if they hit a golf ball off the course and injure someone or damage property, they will be covered.
All of this means that when something like this happens, the first call you should make is to your homeowner’s insurance. Your insurer will investigate it; attempt a negotiation; and if need be, hire a lawyer. Insurers have a duty to protect you as their insured.
While the homeowner’s insurance policy must be reviewed carefully to determine the limits and exceptions to coverage, most homeowners are surprised by the protection afforded by their policy. The primary liability exclusion to homeowner’s policies is any claim arising from the operation of an automobile. Obviously, for those claims, your automobile insurance would apply.
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship.
Susan G. Pegden is a litigation associate with the Law Firm of Hamel, Waxler, Allen & Collins in Providence. She is admitted to practice in Rhode Island and Massachusetts and is a member of the Board of Governors of the Rhode Island Association of Justice.
Sean P. Feeney is a partner with the Law Firm of Hamel, Waxler, Allen & Collins. He is admitted to practice in Rhode Island, Illinois and Wisconsin. Mr. Feeney is a former special counsel to the City of Providence, military prosecutor with the United States Marine Corps and Special Assistant United States Attorney for the Central District of California.
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