Legal Question in Insurance Law in Florida

My wife was the victm of an aggravated battery by our 26 year old male neighbor. He confessed to punching her and it is obvious the assailant is mentally ill. I know homeowner's insurance does not cover intentional torts, but considering he is mentally ill and likely did not know the result of his actions and therefore might not be considered intentional, could a homeowner's insurance policy be liable for this. His mother is the homeowner who would have the policy and she has been aware of his mental illlness and it has gone untreated until now when she had him evaluated for purpose of the criminal trial which would seem to make neglience also a potential means of financial restitution

Asked on 1/29/11, 6:34 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Sounds like a potential claim against the homeowner. Good luck

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Answered on 2/08/11, 8:52 pm
Michael Tobin Michael M. Tobin, P.A.

ALSO make a claim with the Florida Crime Victims Compensation Fund.. $10,000 is available.

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Answered on 2/10/11, 12:01 pm

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