QUESTION
Will home owners insurance cover a fight that takes place right outside the house? How?
Asked on May 28th, 2015 on Litigation - Alabama
More details to this question:
I got into an altercation and was punched by a resident on the side walk adjacent to his house. The resident owns the house. The resident pleaded guilty in the criminal matter and I won. Can I sue him for damages in civil court? I broke my orbital bone in my face and had cosmetic surgery.
18 ANSWERS
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Given the facts you set forth in your question, it appears you have an injury case. For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answered on Jun 02nd, 2015 at 1:39 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely you can sue him in civil court. Regarding insurance coverage, it would depend upon what his policy provides. Generally such policies have an exclusion for criminal intentional acts. I could not answer without examining the policy.
Answered on May 29th, 2015 at 8:04 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Did the court order him to pay restitution? I would expect they did. I think you can sue him civilly for the injuries he caused. It's important that you consult an experienced personal injury lawyer. Please note that in Wisconsin there is at present 3-year limitations period within which you must bring suit. This period was recently raised from 2 to 3 years. Probably the 3-year period applies in any event, but there is at least an argument that the statute of limitations then in force should govern.
Answered on May 29th, 2015 at 7:52 PM
Thomas Edward Gates
You can sue for damages. You will be suing him not his insurance company. If a judgment is awarded, it would be up to him to find the resources to pay. He may elect to have his insurance cover the judgment if he is covered.
Answered on May 29th, 2015 at 11:01 AM
You may have a case. You should seek a consultation with an experienced personal attorney.
Answered on May 29th, 2015 at 10:41 AM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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The coverage for homeowner's insurance can vary, so you may wish to contact the company to verify coverage. However, most homeowner's insurance policies do not provide coverage for the intentional act of an insured which causes harm or damage. That makes sense, because the insurance company does not intend to cover a situation where their insured intends to cause damage; for example, their insurance should not cover if the insured takes a baseball bat to someone's car. Homeowners policies cover negligent acts, not intentional acts.
Answered on May 29th, 2015 at 10:41 AM
Ronald A. Steinberg
A fight is considered an intentional act and usually insurance will not cover it. Insurance covers accidents only. You can always sue civilly but you will need a collection lawyer to turn any judgment into money.
Answered on May 29th, 2015 at 10:41 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Yes you may sue civilly. It is unlikely his homeowners coverage will provide coverage or cover the loss as this is a criminal act that is likely excluded from coverage. You will probably be limited to collecting any damage award from the personal assets of the fighter. You'll probably want to consult local counsel to review all the facts and damages so that a more in depth analysis can be made.
Answered on May 29th, 2015 at 9:20 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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That's a serious injury. Generally, insurance will not pay for intentional acts, and since a guilty plea is the equivalent of a criminal conviction, they could disclaim. I don't know what you mean by the remark "and I won", though: when there is a criminal prosecution, the state brings the action, hence the designation "People -vs- ". Anyway, it could be possible you could find a lawyer who could shoehorn this into a negligence action, claiming that it was the unintended result of an intentional act. I think the odds are against you, but with the stakes this high it may be worth shooting for.
Answered on May 29th, 2015 at 7:16 AM
Yes, you can definitely sue but homeowner's insurance normally does not cover intentional acts and they may also deny coverage because it was not on the premises [although most cities take the position that the home owner owns the sidewalk and the city just has an easement.
Answered on May 29th, 2015 at 6:26 AM
Insurance will not cover the criminal acts of insured, but you can sue the guy and try and collect off him.
Answered on May 29th, 2015 at 1:10 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes, the Homeowners Insurance will definitely defend the case. However, if you want to collect, it will be appropriate to hire a lawyer since you will have to plead negligence theory in the lawsuit against the Homeowner. Assault is not generally covered by insurance policies. However, artfully handled you can collect in the case.
Answered on May 29th, 2015 at 1:10 AM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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Intentional torts, such as assault, typically are not covered by homeowner's insurance. Whether you can sue is also subject to debate depending upon several factors. Were you actually on the property? It sounds like you were on a public sidewalk, so the owner's insurance probably wouldn't apply. If you were on the property, what was your status? Were you trespassing? Then the owner owed you no duty of care. Were you a licensee? Then there might be liability if the danger was known and visible. Were you an invitee? You may have the most protection if this was the case. It also sounds like you were hit by a resident, does that mean a tenant? A landlord is not generally liable for things a tenant does. You should consult with an attorney who practices tort law to be certain on your rights. As you can see, there are multiple factual matters to consider here.
Answered on May 29th, 2015 at 1:07 AM
Edwin K. Niles
Of course you can sue, bur will you ever collect? Insurance does not normally cover intentional acts.
Answered on May 29th, 2015 at 1:06 AM
Estate Planning Attorney serving Coral Springs, FL
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Andrew G. Rosenberg Esq.
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If it was on the property, I would say yes. Also, there is other potential insurances to consider as well, such as umbrella insurance coverage.
Answered on May 29th, 2015 at 1:06 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can sue him civilly for damages, but, since this would be considered an intentional tort, his homeowner's insurance will most likely not cover your damages.
Answered on May 29th, 2015 at 1:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can sue him but it is very doubtful there will be any insurance coverage. Question one is if he is collectable.
Answered on May 29th, 2015 at 12:50 AM
James Eugene Hasser
Yes, you can sue him, but homeowners insurance may or may not cover it. They probably will provide the homeowner with a lawyer, but they will probably reserve their rights to refuse coverage. How you go about pursuing your claim so as to make the claim be covered by insurance can be tricky. The policy will exclude intentional and criminal acts from coverage. You probably should consult an experienced injury lawyer. Good luck.
Answered on May 29th, 2015 at 12:41 AM