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Nwptsailor
Oct 27, 2006, 03:24 PM
I have a two family with one four bedroom apartment rented as a group home. In that there are three single men who each pay a monthly fee individually. One tenant, who recently moved in, was very badly injured in a fall over a year ago . As a result he has had two spinal fusion operations . He does not work. Another tenant apparently struck him on the back quite hard in a somewhat playful manner. Not as an attack , but in an effort to be amusing, if you will. This tenant who injured the recovering person was removed by the police once I found out he was involved with drug usage.
Now the remaining tenant is claiming a refractured vertebra.
He could sue me , of course. He is suffering quite a bit. He visits Hopsitals almost every other day.
I have a homeowners liability policy, I imagine this now injured tenant could make a claim against the policy. Should I advise him to do so ?
I imagine the Insurance Company woud take a very dim view of me advising someone to make a claim.
What advise would an insurance company give to me ?
I don't want a claim , of course , but this injured person has a very serious and legitimate problem.

Thank You

RichardBondMan
Oct 29, 2006, 05:52 AM
If the injured party did file a claim against your policy, he would also have to file one against you since the policy is just that, a policy, and a policy cannot logically be negligent. The policy defends you and/or pays for your negligent acts or omissions.

Let me add two items to my answere, first please don't take my answer as saying that you were in any way negligent, second, you are correct, do not encourge him to file a claim against your policy, rather consult with your company through your agent or the assigned claims adjusters or the insurance company's legal counsel.

polypep
Nov 4, 2006, 11:40 PM
First of all your insurance policy is a home owner policy which does not permit you to rent your house to multiple tenants. Secondly if it does allow that, you are not in anyway negligible for the act of another tenant. Policies usually have a voluntary medical payment clause but they are only limited to a few hundred or thousand dollars and only if you or your family caused the trouble. My understanding is that the insurance company will simply deny any claim except for legal defence costs on the ground that you wre not negligible at any time. You should not be encouraging your tenant to make a claim against your policy.