House Insurance for Bodily Injury?
Question by Dancing W: House Insurance for Bodily Injury?
I filed a claim with my insurance company under my Home Insurance to defend me in a slander lawsuit, The plaintiff is claiming “emotional distress”. I was assigned an attorney and they have been defending my case…..now, a couple of months later I received a Summons “Complaint” from my insurance company stating I am not covered as “emotional distress” is an exclusion. I am befuddled. Do I now have to hire an attorney to answer the complaint or should I just accept their determination and not answer. If I don’t answer the “Complaint”, I am automatically defaulted. Any recommendations as money is a huge issue for me…as in I don’t have any. Thank you for any insight you may be able to provide.
Thank you everyone for your time and effort in responding. I’m hoping my question and your answers will also help someone who may find themselves in a similar predicament
Best answer:
Answer by Apple
My disclaimer – go talk to an attorney.
What it sounds like is your insurance company provided you a defense as a courtesy, but have now determined that whatever the result of the complaint (whether you are found innocent or guilty) is not relevant to them, because your policy does not provide coverage for emotional distress claims.
That being said, you still have a pending case in the legal system which requires attention. Therefore, you will either need to handle the defense yourself, or retain your own attorney.
If it makes you feel any better, this is not entirely uncommon. (Having an insurance company quit providing a defense due to lack of coverage.)
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Tags: bodily injury, company pr, home insurance claim, emotional distress, life insurance, insurance claim
4 Responses to House Insurance for Bodily Injury?
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Never heard of homeowners insurance that covered slander.
Emotional Distress is more of a health thing.
Do you have health insurance, and have you had to go to the Dr.. for your distress?
Thats what a judge would ask.
How many visits have you made to the dr. for your stress?
any lawsuit filed under your own policy, the insurance company owes you a defense up to your policy limits or if covered under your insurance policy.
since emotional distress is not covered or excluded under your policy, they do not owe you a defense for that.
you will need to hire an attorney at your own expense to protect you. and yes you need to answer the complaint or they will default you. most complaints need to be answered w/in 20 to 30 days.
if you default, then any award you will be responsible for. you need an attorney to fight this slander lawsuit since most likely your insurance will not pay under your policy.
an attorney maybe able to prove you are not liable in this slander lawsuit, or could possibly file a counter-claim on the plaintiff for this suit.
what do you have to lose? if you ignore, you could have a judgment for years and this may prevent you from getting credit or even a good job.
call the bar association and ask for names of lawyers that either handle insurance law or slander. most lawyers may give you one free consultation to see if you want to hire them.
good luck
If they’re still covering you under the slander part, you can ask them to address the emotional distress. Otherwise, you’ll have to hire an attorney.
In other words, talk to the attorney handling this for your insurer. It could be that they’re just trying to get out of paying any money for the emotional distress part of the suit.
House insurance pays in case of an accident in which others are injured or killed. This coverage will also help pay for your legal defense if suits or claims are brought against you. The people that this type of insurance will cover are you, your covered family members, and anyone driving your car with your permission… This insurance will provide goo benefit to the house owners…