Legal Question in Insurance Law in New York

Most umbrella policies have exclusions that state willful damage by "insured" is excluded. If a policy is in my name, and I am the insured, and my child caused damage that was determined willful, and I was sued for it, would I be covered?


Asked on 7/28/14, 12:45 pm

3 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You should be covered; unless it is clear vandalism which is a crime. Your attorney should check NY law regarding recent court decisions on the subject.

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Answered on 7/28/14, 1:00 pm
Kevin Connolly Kevin J. Connolly

Your child is not the insured under most policies. Moreover, the umbrella is not critical at this point. There should be a first layer policy that the umbrella rides on top of. So the real question is, what does your homeowners' policy say?

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Answered on 7/28/14, 1:56 pm
David Slater David P. Slater, Esq.

Doubtful. Would have to read your policy.

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Answered on 7/28/14, 2:28 pm


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