by Guest » Wed Jan 04, 2012 04:57 pm
We recently bought a place in Fairmont, West Virginia and we moved in as soon as we could. A few days after moving in, the maid tripped and fell into a large rose bush in the garden. When we pulled her out and got her to a doctor, she had some cuts and scratches on her cheeks and a scraped knee. Three days later we get a call from her lawyer who says that we would have to compensate her for grevious disfigurement, bodily injury and prolonged pain and anguish. I have no idea whatever he meant by that but I called up my insurance company to tell about it. They didn’t seem to take it seriously and called back to tell me that I am not covered for such an incident. What do I do? Please help!
Posted: Wed Jan 04, 2012 07:24 pm Post Subject:
Has your carrier denied you coverage in writing? The claim is not denied until they do this. What was the reason?
The denial needs to come from your insurance company... not your agent.
Did they tell you that they saw no liability or no coverage? Two different things.
compensate her for grevious disfigurement
This is the attorneys way of saying she has a scratch on her knee.Posted: Thu Jan 05, 2012 03:29 pm Post Subject:
No, we haven’t been denied coverage in writing as of now. My agent says he saw no liability since the maid fell into the rose bush which extends beyond the perimeter of the house. He says that since the place where she fell could have been outside the house, the company might deny coverage outright. He recommends that I talk to an attorney and negotiate with her. I have a special form homeowner policy.
Posted: Thu Jan 05, 2012 07:03 pm Post Subject:
Seeing no liability is not even close to coverage being denied. Those two things have absolutely nothing to do with each other.
He says that since the place where she fell could have been outside the house, the company might deny coverage outright.
... and the agent is an idiot and should not try to be a claims adjuster. Either the accident happened on your property or it did not. If you did not own the property where the accident happened then the attorney would not be pursuing a claim against you. But setting all of that aside, the liability portion of your policy provides _you_ liability coverage.... the trigger is not the location of the loss... it's if _you_ may be liable.He recommends that I talk to an attorney and negotiate with her.
Is this really your agent? If so, does he have good Errors and Ommisions coverage? He's going to need it at some point in the near future. I'm hoping that the claim has been reported to your insurance company. If not, call them _directly_ and report the claim.When this is all said and done, kick your agent in the nads... he needs a wake up call.
Most likely your insurance company will tell the attorney to go pound sand. There is a 50/50 chance the attorney will file suit against you. If he does, your insurance company will hire an attorney to provide you a defense.
Posted: Fri Jan 06, 2012 04:17 pm Post Subject:
A special form homeowner policy or HO3 is an ‘all risk’ and therefore it includes coverage for all perils and liabilities unless explicitly excluded. As tcope says, you are covered under your policy. Get a better agent and let the attorney file suit if he thinks he has a case. You are covered on all fronts.
Posted: Thu Jan 12, 2012 06:53 am Post Subject:
Have your agent provide acknowledgment to you in writing, the details & date of the event, when you first notified your agent about it, and if your agent is as clueless as described, the advice given by the agent.
If you receive any written notification from your maid's lawyer, contact your insurance company directly to report the notice.
Get a new agent. Get a new maid, too.
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