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Insurance- please help! If no flood insurance, and a friend helps with the basement, does homeowners' cover i |
If you have no flood insurance, and your friend helps you with the basement and is injured as a result, what is the proximate cause? I would gues that the idea is that a person gets hurt on your property, period. But will some companies try to pull proximate cause = flood to get out of it? Um, you are talking about two different things. A flood is an Act of God, and you can't be held liable if your friend is on your property and gets injured because a flash flood occurs. Now if we take away the issue of flood and deal with your friend being injured on your property, you are only responsible for his injuries if it can be proven that you were even partially negligent, then you are liable. If your friend trips on loose carpetting, then you would be liable. If your friend decides to lick a wall socket for fun, then I couldn't see how you would be liable. When it comes to Liability Insurance, it all depends on what can be proven in a court of law which will determine if you are covered (subject to policy conditions). With property insurance it depends on what causes the damage and what your policy covers and doesn't cover which will determine if you are covered. The only exception to the former is that most Homeowner's policies have a coverage which will allow you to pay for someone else's injuries even though you are not liable. This coverage is limited, but it's better than nothing. Wait a sec . . . the friend is injured over at your house . . . what in the world does FLOOD insurance have to do with it?? Are you PAYING the friend for their help? The proximate cause is what caused the injury! It could be hammer, if he hit his thumb, or stairs, if he slipped on the stairs. Regardless, your homeowners policy will get called into play on this. Your "medical payments" is a no-fault coverage, somewhere between $500 and $3000, to pay straight medical bills on a no fault basis. If that's not enough, he'll have to SUE you, and you'll have to be proven negligent - not just oops I hit my thumb with a hammer, or oops I slipped and hurt my back falling down the steps. You have to CAUSE the accident. UNLESS, he was working for you for pay, in which case it gets a bit more complicated. If you were PAYING him, you can technically be responsible for workers comp benefits for him - lost wages - not just that job, but his DAY job, as well, and medical bills . . .and disability, in accordance with your state laws. Any injury that is compensable by workers comp is EXCLUDED under your homeowners policy. So you'll be writing the checks on that. Refer to exclusions - approximately page 14 on the ISO HO 3 form . . . section 2. paragraph d. clause 2. agent, 21+ years |
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