Legal Question in Insurance Law in California

Personal Liability Coverage When Innocent but Claimed Willful in LS

I have Homeowners Policy with Personal Liab Coverage. I phoned in claim and was told to submit lawsuit filed against me, and if LS says I did anything willful or an intentional act, they won't cover me. The claims are false, so don�t I get coverage to prove my position? In brief, my parents willfully transferred their 1/2 of my home to me. Their Quit Claim is being challenged after the fact. I filed a quiet title in self defense to protect myself, and my parents' crooked trustee filed a counter claim. In it, he alleges undue influence. In separate filing, he alleges elder abuse, which never happened. Although the words ''willful and intentional'' do not appear anywhere in the LS, words that mean same thing do. I did this in good faith, and gave parents a Note in exchange for their Quit Claim, so I had no willful act but to pay off a loan. The LS came out of left field. I need my ins. coverage, and am just about to forward the trustee�s bogus LS, plus supporting docs, showing my parents did transfer with full intention. What can I say in my cover letter to my ins co? So they will not brush me off and call my actions Willful and instead, give me fair consideration? I know this is critical how I handle it in the beginning. Please help.


Asked on 11/10/04, 2:41 am

1 Answer from Attorneys
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Re: Personal Liability Coverage When Innocent but Claimed Willful in LS

You should sumbit the actual lawsuit/complaint to your insurance carrier for defense. The carrier will then review the complaint to determine if there is any potential coverage under your insurance policy. If there is potential coverage under any cause of action, the carrier may take on the defense of the case under reservation of right.

There various principles of law that may apply. The lawsuit and the causes of action thereon will provide the basis upon which your carrier will either defend or not defend you in the lawsuit. There may also be issues of whether or not you are entitled to cumis counsel, as well as defense counsel.

We have not reviewed the actual facts or pleadings in this case. Therefore, we can not give actual advice as to whether or not you are entitled to a defense pursuant to your insurance policy.

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Answered on 11/12/04, 11:17 pm


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