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Homeowners Insurance - Premises Liabiltiy Coverage
Added: (Mon May 05 2008)
Picture this scenario: You remove a damaged plank from the deck on the side of your house, intending to replace it, but you are interrupted and do not finish the project by evening. You tell your family members about the missing plank, but you do not mark the potential danger with a caution sign or tape. You do not anticipate that an acquaintance will stop by that very night and decide to seek entrance from the deck instead of through the entry door. The visitor steps into the opening and falls, twisting his ankle, wrenching his back, and hitting his head. You rush him to a nearby emergency room, shaken but confident that medical bills arising from the accident will be covered by your homeowners insurance. Not so fast, Mr. Do-It-Yourselfer. You can do it, but your homeowners insurance might not help.
The technical term for insurance that covers accidents and injuries on your property is “premises liability.” As a homeowner, you are responsible for maintaining a safe property. If a visitor to your property is injured due to their clumsiness or carelessness, you are not responsible for their injuries. However, if a visitor is injured because of your negligence, then you can be held responsible for any injuries that occur. In the example above, the visitor was injured because of an uneven walking surface that was not marked for danger. The victim could sue with a strong claim of negligence and a possible claim of intentional action.
Your homeowners insurance protects you against claims of injury due to negligence, but most policies exclude coverage for intentional acts, such as booby-trapping your property to catch or injure trespassers or burglars. In the case of the missing deck plank, you removed the board with the intention of replacing it that day. You were guilty of negligence, but not of intentional action. This may be true, but it would not prevent the litigator from alleging both negligence and intentional action.
The distinction is crucial, because your homeowners insurance company is obligated to defend you from all lawsuits regarding injuries on your property, but it is not required to pay damages for all claims. Most homeowner insurance policies exclude damage from intentional acts. If the litigant is able to convince the court that you removed the plank to booby-trap the side entrance to your home, to protect against burglary, for example, then your insurance company would not be liable for damages arising from that claim. If you are in such a situation, your insurer will send you a letter stating that it is paying for your defense against the claim, but it is not agreeing to pay for losses excluded from your policy.
As in all home owner insurance matters, take care to read your policy carefully. If you have questions about your premises liability coverage, ask your insurance agent. You might need separate riders to provide all the liability coverage necessary for your situation.
Submitted by: Bradley Steffens Find out more.