Liability insurance is a system designed to protect the insured from lawsuits and similar claims. Generally, its policy does not cover contractual liability as well as damages caused intentionally.
If a neighbor's tree fell on your property who is liable?
In the United States at least, no one is held liable for acts of nature. If a tree fell on your property whether from your yard, your neighbor's yard, blown in from some national forest down the street or some other yard due to a natural occurrence you are responsible for the removal of debris on your own property. You may be covered under your own homeowner's policy for the damages and removal depending on the circumstances and on your insurance coverage. In many states, the tree must damage a structure for the debris removal to be covered. In almost all cases in the U.S. barring some proven negligence it is our own responsibility. The average homeowner is not expected to be an expert on trees.
Bear in mind, these rules may be different in other countries.Another Perspective:If you had notified your neighbor, preferably in writing, of the possibility of damage from the tree and requested to have the tree trimmed or removed due to a dangerous condition then the neighbor may be liable for damages. A tree owner must act reasonably to prevent trees from damaging the neighbor's property.
If your neighbor's tree is in a dangerous condition, you should send the letter by certified mail to the neighbor (and if possibly to their insurance company and yours) stating that they need to cut the branches or remove the tree to avoid any potential damage to your property. You should take some photos and keep them with a copy of the letter and the green card. Ignoring a damaged or unhealthy tree could create liability. Acts of nature are beyond our control. However, a tree owner must act reasonably to prevent trees from damaging the neighbor's property.
1- Your insurance company would not pay for damages to the neighbor simply because you have no legal liability to the neighbor for the act of nature that caused the loss. Your first party insurance is specific to you and your property, not his.
2- If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor of the dangers you would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage.
3- In the above case, the insurance carrier would possibly pay for the damage to the neighbor out of the liability portion of your policy. The reason for this is the verbage, "we will pay all sums you are legally liable to pay" in the liability section of the policy.
This is general in nature and should not be used in any specific case or tort. Each carrier and each jurisdiction may have varying opinions in this area.
Usually, reasonable people will discuss such an issue and maybe even help each other. Technically, the tree is the responsible of the person who has the tree growing on their property. But it is a lot more neighborly to help clean up the mess, even if it is not your tree. In many jurisdictions the property owner is responsible for the removal of the portion of the tree that is lying on their property from storm damage. If the tree hits your house your own insurance pays for the removal and damages. However, a question of negligence may be raised if you have notified the owner of the poor condition of the tree and you may try to hold the tree owner liable for the damages. Homeowners shouldn't be able to ignore the danger a diseased or weakened tree may do to a neighbor's property. Ask your insurance company to explain your rights and your liability in your state.
Who offers malpractice insurance for tattoo shops?
You'll need to shop around in your the State or province in which your Tattoo Shop is located.
Tattoo shops pose a unique risk to insurers. Many companies will consider them a high risk business so you may have to make a lot of calls before you find coverage.
One Market that may be able to provide insurance coverage for you could be Lloyd's of London. Try looking for an agent that has access to London Markets.
Whose auto insurance will cover you if driving another person's car?
Borrowed Vehicles for the UK
In the UK - the general rule is that the driver's own vehicle insurance will pay for any accidents other than when the driver is driving a car with permission and is named on the car owner's policy. If the driver has no insurance the driver has a personal liability to pay for injuries and damage to third parties. Either the car owner's insurance can be used to meet a compensation claim or the Motor Insurers Bureau will step in to pay compensation if no car insurance is available from either the driver or the owner. See the related link entitled "accident car insurance" - for an explanation of all forms of car insurance in the UK and the function of the MIB.
Insurance Coverage in Someone Else's vehicle - USA
In The USA this will vary state by state according to local regulation as well as the type of Auto Insurance Policy in place at the time. It's always best to get coverage advice from your Insurance Agent.
As a general rule across the 50 states, if the owner of the "personal use" vehicle being driven has adequate coverage then that policy is treated as primary and any coverage the driver has is secondary or excess in the event damages exceed the limits of the vehicle owner's insurance policy or in the event of no coverage for the operator under the owners policy.
If coverage is afforded under the vehicle owners policy then it will act as primary coverage. If not, then the drivers own auto liability insurance (if any) will step up from secondary and invoke as first party coverage. Depending on the policy language and coverage selected options, liability, uninsured motorist, pip and medical portions will all invoke and provide you coverage.
Additional Considerations or possible coverage Gaps (Please add more here if you can think of some)
- Your Personal auto Policy will "Not" follow you for operation of a hired business or commercial use vehicleunless you have elected business use coverage as well.
- If the vehicle owner has purchased a limited form type or a "named driver" policy. though economic for those on a budget, no coverage at all may be afforded to occasional or permitted drivers.
- The degree of coverage beyond the above that may invoke are dependent on various factors such as the reason for driving the other vehicle, loaners, rentals or replacement status vehicles and other local or state regulations.
It's always best to talk with your agent and make sure you undertsand your coverage before loaning or borrowing a vehicle.
Happy Motoring Insurance Coverage in anothers vehicle
I am an auto insurance adjuster and the quickest answer to your question is - "it depends on the Owner of the vehicle's policy language". Most auto insurance policies WILL in fact cover ANY driver of the insured vehicle, UNLESS that driver has been previously excluded from the policy or UNLESS the driver has STOLEN the vehicle. This would have to be proved with a copy of a theft report filed by the owner. Now, most of the time this is the case - but NOT in all states, and NOT on all policies. I urge you to call your agent BEFORE you drive a friend's car or BEFORE you let a friend drive yours.
Here are more answers and opinions from other FAQ Farmers:
- The insurance will only cover you if you are listed under their insurance with the car owner.
- I had to find this out in a hard way. They will, if the car owner has given you permission to drive. But if not, they won't and I fell into the second case.
- A good rule of thumb is that 'insurance follows the owners liabilities as far as coverage is concerned. The policy in force on the vehicle involved in a loss will cover the damage to the vehicle itself and provide the liability limits if other parties are involved and are covered under the terms of that policy. This does assume that you had the owner's PERMISSION to drive the vehicle involved.
- A lot also depends on the state. I'm in Texas - my policy specifically states that anybody that I allow to drive my vehicle is covered. At the same time, my policy will cover me in somebody else's vehicle (with the same coverages that I carry), and also cover any new car for 30 days, to allow time for me to give them the car information. They tend to be a lot more liberal than most companies though. And I don't carry collision anyway (my car is 15-years-old with 165k miles, not worth it), just theft, uninsured motorist and liability.
- I think this question could vary state to state. However, in WA, the insurance on the vehicle is primary, and if the drivers has insurance on another vehicle, or a broad form policy, theirs is secondary. Hope that helps, just my 2 cents.
- The vehicle's insurance is primary. If liability insurance on the vehicle is inadequate your own policy will come in as secondary and protect "YOU".
- The driver's insurance applies. Think of this: how can you lower your insurance premium: you, the driver are experienced, good driver (no accident, etc.) As soon as I add my daughter to my policy, it changes to inexperienced driver and not good driver category! SAME car....!
- The insurance follows the Named Insureds Liabilities. That is the general rule. However, in some states, there is case law that will hold the owner's and driver's insurers coprimary for liability coverage IN SITUATION WHERE THE DRIVER IS USING THE OWNER'S CAR AS A TEMPORARY SUBSTITUTE VEHICLE. Generally though, the driver's policy is excess or secondary.
A car is insured under comprehensive and collision insurance. The Named Insured Drivers are covered for Liability purposes. For the car to be insured in the case of an accident there are stipulations placed on who can drive the car relating to driver age, experience, driving record etc. this may vary from policy to policy. It all depends, Specifically As with most questions like this, it depends. Specifically:
1. Auto insurance follows the named Insured Liabilities. So, if you're driving your friend's car and rear-end somebody, your friend's liability insurance may take care of the other vehicle's damages.
2. But what if your friend doesn't carry insurance? Most likely your insurance will step in, but if Ohio requires vehicle owners to carry liability insurance, your carrier will most likely go after your friend for the money they paid to protect you because, by law, your friend should have paid for his own coverage.
3. Does the car belong to a relative? More specifically, a relative in your household? This would likely result in your carrier denying coverage for you because you didn't tell them a relative owns a car that you're driving. How often you drive the car could also affect your carrier's decision.
4. But what if you have full coverage, and you wreck your friend's car that doesn't have full coverage, and you don't normally drive the car? Most likely, your carrier will step in and pay for the damages to your friend's car. Your carrier is "excess," but if no other first-party coverage exists, they'll usually take care of it. See #3, though, because this wouldn't apply to a relatives vehicle. insurance on the vehicle The kind of Insurance you are speaking of is a Named non-owners policy. If you are driving someones car that you borrow it needs to have insurance too. It is illegal to drive a car without insurance (for that car) The driver and owner could get a ticket for the vehicle not being insured. Insurance Coverage In my experience as an auto insurance adjuster, the car carries the insurance. It would tie up the courts if settlements were partially on the vehicle and partially on insurance carried by the driver. If your car is involved in an accident while being driven a person who does not have your permission (as the Named Policy Holder) it is possible that your insurance company, after an in-depth investigation, including sworn statements by you, may try to subrogate against the unauthorized driver's insurance.
There is an excess clause in nearly every auto policy. One particular Auto Insurance carrier is famous for trying to deny coverage based on this excess clause. But, as far as I know EVERY company's policy language includes this excess clause.
In MOST cases, where only PD or MD (property damage or material damage) are involved, companies will agree to pro rata shares of coverage.
The above-mentioned carrier tends to dig their heels in the sand, however, and prolongs the handling of such claims, which nearly ALWAYS translates to a costlier claim process. most generally yes, your exact coverage will transfer over (if that vehicle is uninsured and there are MANY ''if's'' in this ) to this uninsured vehicle, if it meets the criteria of 'non-owned auto' 'temporary replacement vehicle' etc......but NOT on a continueing bases...you can't just insure one vehicle and drive a non insured one indefinately...understand? In the state of AZ, the insurance follows the car. Your own coverage may extend to a vehicle that you are using with permission but only as secondary coverage. 1 Until this answer is improved by an expert, this layman's answer will have to suffice.
IF the driver is not named on the vehicle's insurance, the terms of the insurance policy will dictate the handling of a liability claim for the accident in which the vehicle was involved.
Normally, if the driver is:
1. Legally licensed to drive, and
2. Has the permission of the owner of the vehicle to have been driving it at the time of the collision, then most policies will cover the "Permissive User."
If the vehicle you borrowed does not carry insurance and you do, your insurance becomes secondary to cover the claim. The owner's insurance is primary. 1 Generally, throughout the insurance industry, if there is insurance on the vehicle involved in the collision, then that insurance is considered "primary,' and is the policy which will provide first coverage if coverage is extended to that driver.
Then, IF the primary coverage is not adequate [not enough money], the driver's insurance [considered secondary] will kick in for the balance owed on the liability claim, until its limit is reached.
typically the insurance on the car is primary.....if that policy has collision coverage (am assuming there is liability coverage as that is required).....the vehicle policy will repair that vehicle....if that vehicle does NOT have collision coverage and driver has a policy with collision coverage then drivers policy will step in (2nd)......if neither policy has collision coverage and the driver of your vehicle is at fault..........no company is repairing that vehicle..... and yes as mentioned which ever policy pays for the 'at fault' accident those rates are increasing......could be that both pay....yours for the other parties damage under liablity portion (if your vehicle is at fault) and drivers collision coverage (if your vehicle has no coll.cov)
That is determined by the coverage clauses in both parties policy. The person whose insurance company pays will be the one whose rates increase. You usually are covered by the insurance for the car...if your friend drove your car and you had insurance on your car, they would be covered on your insurance, not their own Generally not. While you're an insured driver, it's your the policy covers only your liability. with permission from the owner, as long as there is no exclusion, and you are not a 'regular' driver, if you are using the vehicle with any regularity, you would need to be listed as an insured driver.
No. The person who owns the car and has it insured will be responsible through their insurance. However, they can take you to small claims court for the amount they had to pay and will win the case.
What is the average cost of any liability insurance?
How much liability insurance does a cleaning business need?
The answer depends on how much you can anticipate your potential liability to be.
For example, if you are cleaning, run a frayed extension cord to the sweeper. If a fire occurs and kills a sleeping child, or if the fire spreads to another house, the damages can be very great.
Recognize though, that liability insurance policies come in various varieties, and usually have "per occurrence" limits. There are likely programs that are specially designed for your industry and which reflect typical liability limits. In all events, you should consult a licensed insurance broker who is knowledgeable about the nature of your business for guidance.
Requirements also vary by state.
How do you find a person's auto insurance company?
You just ask the person the name of his insurance company.
If you have a legitimate need to know, there is no reason for them not to give it to you. If you have no legitimate claim, then they need not give you their insurance information.
Are a general contractor's liability insurance premiums based on what they pay sub-contractors?
As far as the distinction for subcontractors costs, i.e. materials vs labor, I have always had my clients rated off of their subcontractors labor payroll. If your subcontractors do not have there own liability insurance this will be picked up at your year end audit and you will pay a significantly higher premium for them than you would have had they carried their own insurance.Various CGL premium rating methodsThe insurance company that I've had experience with charges for both: 1) payroll of employees, and 1) Total Cost of sub-contracted work, if any.
But keep in mind that the "rate" charged per $1,000 of either the employee payroll or Sub-Contracted Total Cost is vastly different.
For example, suppose you are a General Contractor with employed carpenters. Your rate per $1,000 of payroll may be $39.45, but your rate for the Total Cost of sub-contractors is only $0.58 per $1,000.
There may be differences, but I think that industry wide employees are based on Payroll and sub-contracted work is based on Total Cost, BUT this assumes that you've done a proper job of documenting that the subs are truly sub-contractors, e.g. certificates of insurance for both General Liability and Workers' Compensation. Because lacking documentation will result in the Total Cost of sub-contracted work to be picked up and charged for as employees. Thus an unexpected large audit billing for the prior term insurance policy.
Would a commercial policy cover losses due to inability to oversee work if a contractor became terminally ill while working on an addition?
More than likely the contractor's insurance policy would not respond as his inability to complete the job is not a covered cause of loss on his liability form. There is a way to protect this exposure, however. Prior to awarding a contract to perform work by a contractor you can require a performance and payment bond. The insurance company will pay the money necessary to hire an alternative contractor(s) in his place to guarantee that the job will be completed. It is important to note, however, that a bond does not work the same way as a traditional liability policy. Where a traditional liability policy will indemnify the injured party subject to any applicable deductibles, a perfomance and payment bond requires the bonded entity to indemnify the insurer once they have met their obligation to the party holding the bond. In other words, the contractor will have to pay back the bond company any money paid to to insure the job is completed. This requires stringent underwriting and the disclosure of much financial information and the contractor's work load, often times requiring the contractor and spouse to individually indemnify the insurance company.
Where do you find commercial automotive liability coverage?
The foregoing answer seems not to align with the scope of the question, so I offer this as assistance. Initially, because insurance companies provide insurance on a state-by-state basis, you must ensure that the insurer upon which you decide is authorized to transact insurance in your state. You must also start the transaction with an insurance agent or broker (sometimes both called "insurance producers") who are licensed in your state to transact property and casualty insurance. You are best served by a producer who specializes in or at least has a solid background in commercial vehicle coverage as there are substantial differences between it and personal lines insurance. There are many insurers that issue this kind of coverage and you will have many choices, not only as to company, but also as to the scope of coverage that you buy such as coverage limits, deductibles, and other factors. While price (premium) will probably be a factor for you, the financial stability of the insurer is also an important factor. This can be investigated through various financial rating services that specialize in measuring insurer financial strength; the producer will be familiar with them. Also, you have to be concerned with the claims process of the insurer in the sense that claims are handled efficiently and fairly. That is not to say that all claims get paid-because the language of the policy controls, but you do need to get an idea of customer satisfaction with the company that you are considering. One way to do this is to contact the State Department of Insurance (Consumer Services Division) to determine the level of complaints with the insurer's claims processes.
Do you need liability insurance for a cleaning service?
Commercial Liability Insurance It may not be required by law, but it could be a good idea to carry some liability coverage, a minimum of $100,000 in case of an accident, injury or property damage to another party (usually your client) resulting from your operations or completed work.
It will most likely be a contractual requirement of any sophisticated or government clients. The cost differential between $100K & $1M of coverage will be minimal - strongly consider the higher limit.
Do you need liability insurance for a wedding reception?
FYI-during my insurance classes my teacher told me of a wedding he attended where a woman got drunk left the wedding and was in a car accident. She sued the parents who hosted the wedding and won a million dollars. Be careful! Frivolous lawsuits have become a big part of our society.Wedding Reception with Alcohol ServiceIn certain jurisdictions, such as in Canada, the law is quite clear. If a host allows a guest to drive away intoxicated, the host shares the criminal responsibility for the resulting accident, and can be charged with criminal negligence if anyone is injured or killed by the drunk driver.
Dry weddings are now the norm here.
What sort of liability insurance does one need for a sole-proprietor HVAC Repair business?
As an Sole Proprietor providing a repair service you are considered to be engaged in a commercial activity. This type of repair usually comes as a service or repair contract, hence the contractor reference
Good luckAnswerA local Insurance Broker is the best way to find business insurance. They are not a captive agent like Farmers, State Farm and Allstate. They have the ability to shop the market to get you the best rate.
What liability insurance do you need for selling candles?
Home Business Liability Insurance
If you are selling the candles from home and not making them yourself, like drop shipping, you can obtain a simple home business insurance policy, also referred to as small business insurance or General Liability insurance. If you are manufacturing the candles as well, you may also have production liability with inventory and supply considerations.
It really depends on the scope of your operations but liability exposures are always top of the list. In an age where a spilled cup of coffee can result in a million dollar damage award, it's wise to protect ourselves from unexpected legal expenses.
There are lots of companies that will offer insurance to home based businesses and entrepreneurs. Many have small business packages specifically designed for the home based business and even for those home hosted e-commerce entrepreneurs.
What insurance do you need for an auto repair business?
This Commercial Lines Policy is the appropriate insurance coverage for an Auto Repair Business and is widely available through most commercial underwriters.
Just contact a local agent that offers commercial insurance in your area.Auto repair businessIt's important to make certain your policy covers:
Products/Completed Operations Insurance for all completed work you perform on vehicles.
Personal and Advertising Injury Insurance - In case you slander another firm in your advertising.
Medical Expenses Insurance - In case a patron is injured on your premises.
These coverages are all usually provided through a Commercial General Liability Insurance Policy.
Best of luck with your businesses. Remember to compare quotes so you get the best prices and the best plan to meet your needs.
Can a homeowner buy a liability only policy?
Your insurance agent will advise you of the bare minimum insurance you absolutely need, but you can be sure "liability" will be part of it, yes.
Do private chefs need liability insurance?
A Chef could need the coverage depending on the work environment. Self Employed or Employed.
If your a Chef working in the employ of another, the liability insurance requirement would fall on the employer and there would be no need for the Chef to buy it again.
If Self employed, you should probably have General Liability Insurance Coverage.If you do need it, it would be called Professional Liability Insurance. Most companies would get this type of insurance for their chefs One question alluded to a client requesting proof of Workmen's Comp. insurance from a Self Employed Chef. In the State of Rhode Island, a sole proprietor does not need workman's comp. insurance for himself - only his workers if any. However, it would be prudent to carry a accident/disability insurance in case of accidents on client's property. The question of liability comes down to the fact that if the chef does not pay attention to the proper handling of food, people can get sick. Or they can also die depending upon if the person has a previous health problem. If health concerns are not attended to by the chef, he or she will have many problems. Cross contamination is a big problem in commercial kitchens as well as in home kitchens. The disability insurance is a good idea for injury. The liability insurance is an issue if the chef isn't handling the food correctly. It comes down to the training of the chef.
Why do you need liability insurance on land you do not use?
A Landowner is typically NOT held liable for the actions of tenants. This is what Renters Insurance is for. A Tenant can purchase property and liability insurance on a tenants policy. A property owner also is Typically NOT liable for the actions of criminals or others that may have entered your property illegally.
So while its a good idea to maintain some type of Liability Insurance for Vacant Land to cover some occurrences where the owner might be liable. One should not presume that the property owner is liable for anything and everything that might occur on the property.
Does liability insurance cover equipment rental?
Liability insurance does not cover the property value of the rented equipment, but your liability insurance may cover damages resulting from claims of the use of the equipment.
Example, you rent a forklift and accidently crash it into a truck you are loading. The truck owner sues you. The liability policy would probably cover the damage to the truck or any injuries caused during the accident, but would for sure not cover the damage to the forklift.
Here are several opinions from FAQ Farmers: * Commercial General Liability insurance cannot cover equipment rental in the case where the insured has rented equipment. The 'exclusion j' under the coverage A states that "property owned, rented or occupied by the insured" is an exclusion under "Bodily injury and Property Damage Liability Coverage". Also, exclusion j also specifies that "property loaned to the named insured" is also excluded. * You are wrong...gl does cover the use of such equipment but does not cover if stolen, etc.
Do you need liability insurance for real estate you inherit along with other heirs?
It really depends on the use to which you are putting the real estate. For example, if a store was operated on the land, a liability policy insuring all co-owners is recommended. However, if it is raw., unimproved land, likely not. Nonetheless, if you are aware that there are hazards on the property (such as an open well) and that people go onto the property, you may have a duty to warn. Liability insurance may be available in those circumstances.
Are there carriers writing general liability for residential general contractors who do shingle roofing and vinyl siding and sub out their labor?
There are many companies writing this type of liability insurance, although depending where you are in the country it can be a very limited number of choices. As I always recommend, working with an agent that specializes in this field can make the process much easier.
Where can you get liability insurance at a good price for a wedding reception?
There are specialty Lines underwriters that cover this market.
For your Wedding Reception the best place to seek out coverage would be through a Professional Wedding Planner. A Professional Wedding Planner will likely know of Specialty Insurers that may offer this kind of one-off coverage.
Alternatively, you could try your usual family insurance agent. If you already have other long term personal or professional lines coverage placed through your agent and he considers you a valued client he may be willing to find coverage for you.
Since Event Insurance is generally for a rare occurrence, especially for a wedding which is a one off event that most hope will occur only once in a lifetime. Most Insurance Companies and Agents find it too rare a demand in the market place to offer such coverages.
How do you find Commercial Liability providers?
Contact an insurance broker who can spend the time to understand the risks your business generates, then helps you understand what policies are available to cover those risks.
Almost all brokers write general liability for businesses but it isn't a bad idea to seek out a specialist if you have a unique or high risk business you are seeking coverage for.
Where can you find liability insurance in Albany NY?
Just contact any licensed Insurance Company of your choice doing business in your state of New York.
You can also try using online search engine and local listing services to locate an Insurance Agent near you.
Are contractor's liability insurance policies only written if the policy holder also gets workmans' comp insurance?
Many companies offer Contractors Liability coverage with or without your workman's compensation coverage. Depending on the nature of your business structure, you may not even need Workers comp coverage.
It is perfectly fine for you to purchase the two coverages separately. You may however get a better rate if purchased together because some companies will offer you a discount for placing multiple policies with the same company.
What is the legal responsibility of insurance companies to be forthcoming about repairs?
If I understand your question properly, it's understandable why others didn't quite comprehend it.
I believe you are referring to when one has a loss, and makes an insurance claim, what happens if the insurer controls the repair process and underpays the repairs and as a result you have an improperly repaired property which may lose value (diminished value), requires costly re-repairs and causes for further out of pocket expenses such as substitute rentals, temporary living quarters etc.
It is reasonable that should an insurer fail to properly indemnify you, where coverage is applicable and you have properly submitted your claim and proof of loss, and met with all policy provisions, you would have legal recourse under a breach of contract issue for the harm and damaged caused by the insurer's actions, or lack thereof. Some restrictions may apply such as contracts/policy provisions which may have ACV (Actual Cash Value) coverage vs. Stated Value Policy (a agreed upon fixed dollar value) etc.
Bottom line, the insurer has a contractual duty to provide you the coverage you secured, anything less and they enjoy undue enrichment and have failed to meet their contractual and fiduciary responsibilities to the policy holder.
Caution, there are no obligations to mandate that an insurer advise you of what you may be entitled, but once asked, they must be truthful.