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skahhh | If my neighbor has a wood stove fire and it burns down her house and mine and kills someone in my house in the |
process and she has let her insurance lapse, who pays for the wrongful death in my home? Would it be my liability coverage?
Additional Details
Biker, I might have a liability condition. I don't think I do but I might. But I am insured. I want to know what happens if my neighbor is not insured and something happens to my property as a result of her casualty situation. I want to know what kind of coverage I should have. I don't have any control over my neighbor's . I know some people have wood stove fires that destroy property. It happens. |
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hoytgregory
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You are discussing two legal issues, one of liability and one of insurance coverage.
First party coverage pays for damage caused by 'peril'. this is either named, or is called ' all risk'.
In either case, fire is a generally a covered loss, and there would be few exceptions to this.
As previously answered, your insurance company would pay for your damages, and work hard to determine whether or not there were issues of 'fault' concerning the cause of loss. If your neighbor could be held liable for your damages, I would bet your insurance company would be able to determine this, and they would in turn ask for not only thier money, but your deductible, co-insurance or any non insured loss you may have sustained.
As to this issue of liability. First, it must be determined that a reasonable and prudent person would not have caused this accident. Second, there must be real damage as a result, and third, these damages must be monetary. Now, I am not trying to teach you tort law, but in the case of wrongfull death( and each state describes the tennants of what wrongfull death means) if your fire had occured as you say,and it is not a member of your immediate family, you would probably be named as a co - defendant in law suit. Why? Because that is your legal system. The dead person's representative and lawyer know that doing this involves two insurance policies, and they dont really care who ponies up. How are your fire alarms? Do you have clutter in hallways? Did you tell your guest about the possibility of neighbor burning down the house with them in it? I know, this is bit ridiculous, but civil courts sometimes look like three ring circuses. Two insurance policies, and one suit.
I dont know why you would worry about a neighbor's woodstove, unless you are in the same building as they.
To answer your question strickly, the wrongfull death party would have to recover from the estate of the homeowner, whether it be her or her hiers. Unless negligence can be shown to a greater degree on your part, your liability will probably not pay. |
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cork
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yes you can collect from your ins.
but you can also sue her..... |
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sml
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if your policy says not liable for payment by negligence of others , you may be out of luck for wrongful death; neighbor , 100% of nothing is nothing; that is what you would get from her; no home b/c no coverage, foreclosure for mortgage ; action against her for breach of contract for lapse of her policy; she will file for bankruptcy so you are out of luck ; you would get fire coverage from your insurance; if wood stove was installed by someone ; an action against them; you have to read your exclusions in your policy |
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nay
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Probably. Or you could sue who for everything she owns. But that ain't very much. |
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biker_beeotch
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How do you know there will be a wrong full death? That is a little bit of projection. Anyways, if your insurance is up to date then your company will pay you (or should) initially for your insured losses and anything above that is on you, if you can prove negligence on her part. What is to say that she doesn't suffer losses from something you do on your property that causes harm to hers? Tell me, how do you feel about wood stoves? Are you uninformed or just ignorant? |
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mbrcatz
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Nobody.
Unless she deliberately sets fire to your house, she's not liable for it. Sorry. Accidents happen.
If your house catches fire, and someone dies in it, who pays for THAT wrongful death?
And . . .is there such a thing as a RIGHTFUL death? Of course not!
Your liability covers things that you can be sued for - that you were negligent about, and could have prevented, but didn't. It doesn't cover any family members, or other household members - as they are all covered under the policy.
If you want to get cash when someone in your house dies, buy a life insurance policy. |
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Gambit
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The liability coverage under your Homeowner's policy is there to indemnify those insured under the policy from the legal liability incurred by their negligent actions which cause bodily injury and/or property damage to others. Those covered under this type of policy include (generally, see your policy for exact definition of 'Insured'): the policyholders, their spouse (living in the same household), relatives (living in the same household), any person under 21 in their care (living in the same household), residence employees, etc. There will always be some exclusions (i.e. intentional or criminal acts) so check your policy. Unless your neighbor was somehow named as an insured under your policy (highly unlikely), your liability portion would not be applicable in this scenario. You would have take her to court. |
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rebelstar704
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as long as the fire wasnt arson committed by you, your policy will pay. Fire is a covered Peril under the policy. As far as someone dying, if it's a family member you will get whatever death benefit coverage you have. If it's a guest and there is a lawsuit unfourtunately your liability coverage will cover the lawsuit because they were on your property.
After it's said and done your company will most likely go into subrogation against the other person being that it was their negligence |
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