Legal Question in Civil Litigation in California

Claim against home isurance

I was having a party at my parents house. My neighbors next door were having a party too. Being a polite neigbor, I invited just my neigbor to dome by later if he wanted. He came by with a handful of people. That was fine until about 1/2 hour later more and more people started coming from next door. I thought it was getting out of control so I told everyone to get out and go home. As I did this, a fight broke out outside. I saw nothing happen but some one got beat up pretty bad. Now this person is brining suit against us. He claimed I saw this all happen. They are making a claim against my parents home isurance. Will this hold up and are we liable.


Asked on 4/14/04, 4:02 pm

5 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Claim against home isurance

Do you have witnesses to the facts you recited? If you can prove they were uninvited guests and generally show that it was unforseeable. Who fought his guests? Your guests? Both?

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Answered on 4/15/04, 1:33 am
Larry Rothman Larry Rothman & Associates

Re: Claim against home isurance

Your homoeowner insurance may or may not defend the claim. We will need to review the lawsuit and your policy. While you can defend the case yourself, you would not be able to recover attorney fees. Please contact our office for review of your documentation and for consulatation. 714 363 0220

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Answered on 4/16/04, 11:20 am
Phillip Cooke Law offices of Phillip A. cooke

Re: Claim against home isurance

Please notify your homeowner's insurance of the claim and truthfully discuss all facts of the incident with the claimsperson assigned to the matter. If you were living at home at the time the policy language will usually provide coverage for you as well as your parents. If you have questions about that you can take the policy to an attorney who can read it and help you.

If the insurance company refuses to defend or defends with a reservation of rights, get an attorney's help that understands insurance law to help you deal with the insurance company.

To prove a claim for damages over and above medical bills, the plaintiff must prove that you or your parents acted negligently. Let an attorney help you determine that if the insurance company does not step up to defend you and /or your parents.

If you have medical pay insurance on your homeowners, the mere fact that someone was injured while on your property could allow your insurance to pay on the medical bills without the plaintiff proving anyone was negligent. That is a good benefit to have because it helps the injured person with their medical bills even where there is no negligence. You should ask your insurance company to pay the medical bills to the extent of the coverage. That will often take the impetus out of having to sue you and is one of the reasons your parents carry insurance.

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Answered on 4/15/04, 10:57 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: Claim against home isurance

Whether it holds up depends on more facts than you have given. However, since you have insurance, there is nothing to worry about.

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Answered on 4/14/04, 4:34 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Claim against home isurance

I think Mr. Tenner is overly optimistic when he says you have nothing to worry about, and he is certainly right that you didn't provide enough facts to enable an attorney to tell you much about your prospects.

What you have said leads me to think you may have a real problem, since if you are the one being sued and your parents are the ones who are covered by the policy, the insurer will probably refuse to get involved. If your parents are also named as defendants, then the insurer will probably step in; whether it does or not will depend on what the policy covers and what the lawsuit alleges. Even then, someone will probably have to pay the deductible.

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Answered on 4/14/04, 6:10 pm


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