Legal Question in Personal Injury in California
My son pushed a boy at school and broke the boys collar bone. The boy went to the hospital and was told he had a broken collar bone. He was put in a sling and released the same day. His family is now suing me for damagegs. Does home insrance cover this?
4 Answers from Attorneys
I would doubt it, but you need to look at your policy and contact your insurance agent or company to hear their opinion.
They likely sued for negligence as well, which means your home insurance coverage should cover your family. As a former insurance attorney, I've seen this quite often. If the attorney for the boy suing your family has any brains, he or she will sue for intentional and negligence.
Yes, your homeowner's insurance should cover both the loss as well as the defense of the lawsuit. I've had half a dozen cases where these types of claims were covered without any issues. There is a statutory liability under the Civil Code for out of pocket costs and expenses such as medical bills for up to $25,000 against the offending minor's parents. Make sure to review your homeowner's policy and promptly send the copy of the complaint to your insurance with a written request to settle this matter within your policy limits. If they refuse then you know they have placed your interests below theirs, in which case you should promptly consult with your own, independent attorney.