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1. In many, if not most states, an injured person does not have a direct claim against the "wrongdoer's" insurance. Instead, the claim is against the wrongdoer. As such, when the insurer cannot be made a direct party to the claim, it is not directly responsible for damages for the deaths. If there is coverage for the claim, the insurer is responsible for payment only if its insured is found to be responsible, and if there are no exclusions or limitations to the coverage that apply to the occurrence.
2. The gun owner may be held responsible on some legal basis. One basis is for an intentional act, meaning that the shooting was meant to occur. In general, there is no coverage under a liability policy for an intentional act. This is because liability insurance is intended to cover accidental occurrences. It is considered to be against public policy for a person to insure against intentional acts. Otherwise, if one could insurer against the consequences, there may be no disincentive to commit the bad act. Additionally, it would be virtually impossible for the insurer to predict that which it may be responsible for and thereby to set a premium (the charge for the insurance), or to underwrite the risk. Underwriting is the process by which the insurer decides which categories of risks that it will assume and which it will not.
3. Notwithstanding #2, there are circumstances where liability insurance might apply to what would otherwise be an intentional act In some states, coverage could apply if self-defense was involved. The caselaw (court decisions) of the state may have interpreted insurance policy language to hold that under certain sets of facts, an intentional act is not an intentional act in the customary sense of that term. The result would be driven by the facts of the occurrence, so there is no answer that is set in stone.
4. Also material to the analysis is whether or not the gun owner owned the gun legally. That is, did he/she comply with all statutory requirements for owning one?
5. Yet another consideration is whether the homeowners policy provided liability coverage. Some homeowners policies cover the structure of the building only, and provide no liability coverage. This often occurs when the homeowner does not provide proof of homeowners insurance to a mortgage company. In that instance, the mortgage company often obtains insurance on the structure to protect its financial interest. Those sorts of policies normally do not include liability coverage.
6. If the gun belonged to another person such as an intruder, a guest or a tenant, the homeowner would likely have no liability and his insurance policy would not be triggered (no pun intended). This is because the gun owner in this case was not an insured under the policy.
What else can I help you with?
Who is held responsible for all the deaths of the Jew's?
Adolf Hitler
What type of account is held by the mortgage lender and used to cover property taxes and homeowners insurance?
escrow
Does homeowners insurance cover theft by one guest from another guest?
No. The property of your guest is not and can not be scheduled on your homeowners policy simply because it does not belong to you. You also can not be held liable for the criminal acts of another.
Is a wife responsible for a medical debt of her husband's in Ohio if he was on her medical insurance and is now deceased?
Yes, she will be held responsible. The primary insurance holder is always responsible for the medical costs under
Is a wife responsible for a medical debt of her husband's in Virginia if he was on her medical insurance and is now deceased?
The primary insurance holder will be held responsible. That is part of the agreement, they will have to pay.
Who is responsible for stolen items when police tow the car?
If impound was caused by your vehicle parked illegally, then the impound lot or the towing company could be held responsible. If it was impounded because it was retrieved as a stolen vehicle, then no one can be held responsible. However, in both cases, the personal belongings in the vehicle can be covered by either your own auto insurance under the Comprehensive portion of your policy or by your own homeowners/renters insurance under the Personal Property portion of your policy. They are subject to your deductible/s.
Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property?
Q. Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property? A. If the property is a (personal residence, family farm, rental property or even a vacation property) held in trust.Regardless of a life estate for a named beneficiary. The property tax payable would be the responsibility of the owner of the property listed on the property deed. In this case it appears that the owner of the property is the trust. Therefore the trust would be responsible for the tax. The remainderman beneficiary nor the current beneficiary enjoying a life estate in the property would owe the property tax.
Should tobacco companies be held responsible for smoking-related illness and deaths?
No, a person who smokes is responsible for anything they smoke. Tobacco companies do not force people to smoke, and therefore are not responsible for that person's illness or death.
You got into an accident driving your moms car with no insurance Is she responsible?
The person operating the vehicle is the first one responsible. The owner of the vehicle can also be held responsible. If your under 18 and an adult allowed you to drive, they can be held responsible if, they knew you would operate it recklessly or knew you didn't have a licence.
Who should be held responsible for injuries or deaths at a rock concert?
The person that went should....because he or she is taking a risk.....or the person should get a crazy check
Who would be held responsible for a car with no insurance if it is involved in an accident would it be the car owner or the person driving the car?
Owner.
Wind blows your basketball system on car in the street who is liable?
The liability would likely depend on the specific circumstances and local laws. In general, if your basketball system was not properly secured and it caused damage, you may be held responsible. However, if the wind was unusually strong and unanticipated, liability could be more complex. It is recommended to check with your insurance company or legal advisor for guidance.
