Legal Question in Insurance Law in California

General Insurance Question

1) If an insurance policy covers ''hostile'' fires only, for which of the following fires would be covered under the policy?

a) a fire started by an arsonist

b) a fire started by faulty wiring

c) both a and b

I am not an arsonist - this is just a general question to help me understand what this type of policy covers.

2)If I'm injured in an unusual car accident and I believe that the terms in my insurance policy should be interpreted to give me coverage, but my insurer thinks otherwise, what is my recourse?

a) show how I honestly think that I should be covered

b) show that the policy terms are ambiguous

c) show either a or b

d) I will not be able to gain coverage

Thanks in advance for enlightening me.

Regards


Asked on 1/18/02, 4:56 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: General Insurance Question

1. The term "hostile fire" typically refers to gunfire, not to flames. If someone shoots at you (or at someone else and hits you unintentionally), that is hostile fire. If you shoot yourself or accidently injure yourself in a gun-related accident, that is not hostile fire.

2. Your belief about your coverage isn't terribly important. Insurance policies mean what the policy language says, and the language is interpreted as an average reasonable person would interpret it. If you interpret it differently from how the average reasonable person would interpret it, then your interpretation probably doesn't matter. If the terms are ambiguous then you will get the benefit of the doubt, but even then the policy might not cover your loss.

The major exception here is that, if the insurer or its agent misinforms you about your coverage, you can often claim the coverage you were promised even if it is not what the written policy provides.

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Answered on 1/21/02, 4:21 pm
Steven Murray Steven W. Murray, APC

Re: General Insurance Question

According to Rupp's Glossary, a "hostile fire" is an unintended fire, or a fire set intentionally which escapes an intended container, etc. It is used in contrast to a "friendly fire" which property insurance does NOT cover; only "hostile fires" are insured against since they are fortuitous.

If you ever have a coverage disagreement with an insurer over anything, you should seek competent insurance counsel to negotiate - in writing - with the insurer. Lawsuits are, unfortunately, frequently the only way to make an insurer fulfill its contractual and legal obligation.s

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Answered on 1/21/02, 7:24 pm


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