Legal Question in Civil Litigation in California

Re: Claim against home isurance

Do you have witnesses to the facts you recited? If you can prove they were uninvited guests and generally show that it was unforseeable. Who fought his guests? Your guests? Both?

Re: Claim against home isurance

Your homoeowner insurance may or may not defend the claim. We will need to review the lawsuit and your policy. While you can defend the case yourself, you would not be able to recover attorney fees. Please contact our office for review of your documentation and for consulatation. 714 363 0220

Re: Claim against home isurance

Please notify your homeowner's insurance of the claim and truthfully discuss all facts of the incident with the claimsperson assigned to the matter. If you were living at home at the time the policy language will usually provide coverage for you as well as your parents. If you have questions about that you can take the policy to an attorney who can read it and help you.

If the insurance company refuses to defend or defends with a reservation of rights, get an attorney's help that understands insurance law to help you deal with the insurance company.

To prove a claim for damages over and above medical bills, the plaintiff must prove that you or your parents acted negligently. Let an attorney help you determine that if the insurance company does not step up to defend you and /or your parents.

If you have medical pay insurance on your homeowners, the mere fact that someone was injured while on your property could allow your insurance to pay on the medical bills without the plaintiff proving anyone was negligent. That is a good benefit to have because it helps the injured person with their medical bills even where there is no negligence. You should ask your insurance company to pay the medical bills to the extent of the coverage. That will often take the impetus out of having to sue you and is one of the reasons your parents carry insurance.

Re: Claim against home isurance

Whether it holds up depends on more facts than you have given. However, since you have insurance, there is nothing to worry about.

Re: Claim against home isurance

I think Mr. Tenner is overly optimistic when he says you have nothing to worry about, and he is certainly right that you didn't provide enough facts to enable an attorney to tell you much about your prospects.

What you have said leads me to think you may have a real problem, since if you are the one being sued and your parents are the ones who are covered by the policy, the insurer will probably refuse to get involved. If your parents are also named as defendants, then the insurer will probably step in; whether it does or not will depend on what the policy covers and what the lawsuit alleges. Even then, someone will probably have to pay the deductible.