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Q: liability insurance for a house in Mexico ( No Answer,   4 Comments )
Question  
Subject: liability insurance for a house in Mexico
Category: Business and Money
Asked by: itzaes-ga
List Price: $90.00
Posted: 10 Nov 2002 18:53 PST
Expires: 10 Dec 2002 18:53 PST
Question ID: 104926
Where can I purchase an insurance policy that will protect me, in US courts,
against liability claims originating from a property in Mexico?

I am a US citizen resident in the US. I own a house in the
US and have an ordinary homeowners insurance policy, which includes
insurance for liability for injury of people in my house in the US.

I also own a house in Mexico. It is for use by me and my family, I do
not rent it out.  I know that it is possible to obtain a homeowners
insurance policy in Mexico from a Mexican company that would provide
insurance for liabilty for injury of people in my Mexican house.
Such a policy is for claims brought against me in the
Mexican courts. Damage awards by courts in Mexico are very low,
and not the concern of my question.

My concern is that if Americans visit my house in Mexico, and suffer
some injury, they could sue me in the US courts because both they and
I are US citizens and residents.  And in the US courts, liability awards
are much greater than in the Mexican courts.  I want insurance, presumably
from an American insurance company, that would provide protection
for me in the US courts.

Some thoughts that might be helpful:
1) Perhaps such insurance might be provided by some form of "Umbrella Insurance".
2) I think my question would apply to most countries, not just Mexico.
i.e. there may be analagous situations of Americans who own a home
in Ireland or a condo in Paris.

I hope to receive an answer that points me toward a specific company  that
would sell me the insurance I want, who or what office at such company
might I contact to apply for the insurance, what additional issues are 
relevant to this question that I may not know about

Request for Question Clarification by clouseau-ga on 11 Nov 2002 09:55 PST
Hello itzaes,

I have been researching this question since you posted and have found
only one company that will issue the insurance you request. That is
not to say there are not others, but only one I can confirm at this
time.

For a question of this value, I would usually like to provide more
alternatives and in depth information. If I can not find additional
sources, would you consider one source and contact a sufficient answer
to your question?

Regards,

-=clouseau=-

Clarification of Question by itzaes-ga on 11 Nov 2002 13:35 PST
It may be that only one company provides the coverage I want, although
I do suspect that many companies would provide it under some "umbrella" format.
But ultimately all I really need is one company.  

For purposes of payment one company is sufficient if that one is a bona fide 
reputable company, if this form of insurance is an ordinary line of its 
business (I don't want to be their only customer), and if the coverage is 
indeed for the risk against which I want to insure as clearly stated in
my question. I am not expecting a perfect answer, just a good answer.

Request for Question Clarification by clouseau-ga on 12 Nov 2002 09:59 PST
Hello again itzaes,

I have now spoken to 7 people on your insurance question and I am
awaiting return calls. However, the most promising deals only with
clients with a personal net worth of over $5,000,000 US. Can you tell
me if you fall into this category?

Thanks for your reply. I will keep you updated on information I
discover.

-=clouseau=-

Clarification of Question by itzaes-ga on 12 Nov 2002 10:24 PST
Unfortunately my net worth is relatively small, and much smaller
than the number you quote.
Answer  
There is no answer at this time.

Comments  
Subject: Re: liability insurance for a house in Mexico
From: sparky4ca-ga on 11 Nov 2002 13:56 PST
 
Don't know too much about your US courts, but in most cases, in most
of the world, the court system only has jurisdiction for something
that happens in it's area.
Example:
Man in washington state publishes something that is libel. I have to
sue him in WA because the courts here in BC don't have any
jurisdiction over what he does.

Have you actuall seen a precedent of a US court hearing and ruling on
an inury that occurred on foreign soil? Maybe the insurance isn't out
there because it isn't needed?
Subject: Re: liability insurance for a house in Mexico
From: clouseau-ga on 11 Nov 2002 15:40 PST
 
itzaes,

Thanks for the clarification. It is now too late in the day to call
and confirm and receive policy details, but I shall do that first
thing in the morning and confirm that the policy I have found meets
all of your needs.

I will post as an answer if the results are positive, or as a comment
if not.

-=clouseau=-
Subject: Re: liability insurance for a house in Mexico
From: itzaes-ga on 14 Nov 2002 11:30 PST
 
re comment by sparky4ca-ga:
I think that as long as the injured party is also a US resident that he may 
sue in the US courts against another US resident who owned the house
in Mexico.  The following link describes a case with some similarities; 
several US residents go to Mexico on a vacation, one is injured in an 
accident perhaps caused by one of the other vacationers, he sues
on of the other US residents back home in the US.

http://www.kentlaw.edu/classes/sgreen2/EsserHypo.htm
Subject: Re: liability insurance for a house in Mexico
From: mvguy-ga on 14 Nov 2002 11:40 PST
 
What Sparky4ca-ga said isn't always correct.  Sometimes the court is
chosen on the basis of where the defendant lives rather than where the
incident occurred.  I believe that what the questioner is asking for
is a good idea.  I also believe he's probably right about the umbrella
coverage, especially if he/she also has Mexican coverage on the house.
Often, umbrella coverage takes over where other insurance is
insufficient.

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