Legal Question in Insurance Law in Vermont

Family land trust insurance

My husband's father owned property in Vermont and before his death established a land trust for the property in order to ensure it would stay in the family for generations. My brother in law, an attorney, is the trustee. Recently, a bicylist claimed injuries when our dog ran into the road from the property and is now suing for $2m.

He claims the property insurance includes liability only for himself, as trustee, not for the remaining members of the family. He is this possible and if true, what sort of insurance should the family have to cover all those who share the property. My husband and my homeowners insurance has settled with the woman for $300,000, but my husband is now being forced to sue the trust's insurance company.

Thank you.


Asked on 6/18/07, 8:33 pm

1 Answer from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Family land trust insurance

I think you have three question (1) is it possible to have a policy that does not cover you, and only covers the trustee - yes. (2) what kind of insurance do you need? Same kind but also an amendment covering each family member by name. (3) Do you have to sue the other insurer? That is up to your own insurer. They have a right to go after the other insurer and can do so in your husband's name - although I don't actually see why they need your husband as a party. Anyhow, I hope that helps.

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Answered on 6/18/07, 8:54 pm


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