Legal Question in Personal Injury in Massachusetts
liability insurance at the time of negligence
I am a plaintiff in a case against a negligent party. The defendant had applicable liability insurance coverage at the time of their negligence, but did not have coverage at the time of the damage resulting from the negligence. The causal connection between the negligence and the damages is clear and provable. The defendant has no assets, but may assign to me the right to sue their insurer. My only hope is that insurance policy. The language of the policy is clear: the coverage applies only to damages during the policy period. The damage actually happened when the policy had expired. Is there any case law that may support my case against the insurance company? Is there any way to construe the ''time of damages'' as the ''time of negligence that caused damages''. To recap: the defendant was covered at the time of negligence, but not at the time of damage. If you answer in the negative, please refer to case law or give other specific references showing that I am out of luck.
2 Answers from Attorneys
Re: liability insurance at the time of negligence
I would like to know more information about the negligent act of the defendant and the type and extent of damages that were caused.
The damages may have accrued at the time of the negligent act, even if the plaintiff did not realize it until later on.
If your case is worth fighting over, then it is worth sitting down with an attorney to see if something can be done.
Re: liability insurance at the time of negligence
You wouldn't be shopping the internet for more agreeable opinions if the lawyer handling your case currently thought there was a means of recovery against the lapsed insurance policy. I kind of agree with your current lawyer, you are SOL (that does not stand for statute of limitations). If this is an automobile case, maybe you had the foresight to buy uninsured motorist coverage and can recover from your own insurer. Good luck. Regards, JBS
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