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Technically, you do not sue the insurance company. You sue the homeowner on the basis of what the owner may have done to cause the injury. The insurance company is there simply to pay the damages awarded to you by the jury.

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15y ago
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9y ago

No, You would have to sue the homeowner. The insurance company was not a party to your injury.

Many people make this fatal error, they sue the insurance company either in tandem or in stead of the actual homeowner. Either way though the law suit would be summarily dismissed for improper filing and due to tort reform, you may now even owe the court costs and attorney fees for both parties since it was your error.

Bear in mind that a homeowner is not liable for any and all injuries that occur on their property.

You would have to prove that the homeowner caused your injury in order to win a judgment against the homeowner. The homeowners Insurance company will pay for the cost of their insured's legal defense team. If you win a judgment, then their homeowners insurance ( If they have insurance ) would respond to pay the judgment.

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Q: I was hurt on someones property. Can I sue their homeowners insurance?
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Does your insurance cover you the owner if im hurt on your own property?

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Does my homeowners insurance cover another person if they are hurt on someone else's property?

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