Legal Question in Insurance Law in California

is my husband liable?

My husband works for a heavy equipment hauling company. Another equipment company placed an order with my husbands company for a boom to be delivered to a work site. While delivering and unloading the boom he accidently damaged a van that was on site. Apperently, the company who subcontracted the delivery, paid the claim. Now they are demanding payment from my husband, personally, to recoup the claim they paid. Is this legal? Wouldn't he be covered through either the subcontracters insurance or his company's insurance?


Asked on 9/19/08, 12:53 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: is my husband liable?

Your husband should be an insured under the auto (and maybe also the commercial general liability) policies of his own employer. He might also be likewise under the CGL of the company which ordered the boom. He is probably also insured under the auto policy of the registered owner of the delivery vehicle.

In addition, his own employer may have to indemnify him under Labor Code Sec. 2802.

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Answered on 9/19/08, 9:35 pm


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