Hey jat,
I've got some pretty good information for you that will at least cover
the basics. I do want to tell you though, that every policy is
different. I can give you some very typical things not covered,
however, I would ALWAYS reccomend you speak with either a lawyer or
the holder of any insurance policy to find out the specifics of your
personal policies.
I spoke with Pamela Hupka, a paralegal in Omaha NE about some of the
things you were asking about. She's a great source of information, and
a great friend. She did some research at her firm, spoke with a couple
of lawyers, and gave me this information.
As far as Homeowner's Insurance:
With Homeowners....it usually does not cover anything intentional,
like beating someone up "just because" in your house wouldn?t be
covered. Or you're not covered if an invading army destroys your
house, but you are covered if your house is either hit by a car or
overrun by a skunk. The difference between a reason, and a accident.
A personal liability umbrella, which you can get with most policies,
coves personal injury, encompasses false arrest, false imprisonment,
malicious prosecution, defamation, invasion of privacy, wrongful
entry, or eviction so you can?t sue/be sued for those things.
*MOST* Homeowners insurance (cause-of-loss ) will not cover
? mysterious disappearance of property;
? damage done to property being worked upon;
? artificially generated electrical currents;
? dampness or dryness of the atmosphere; changes in temperature; rust
or corrosion;
? theft from an unattended or unlocked auto;
? damage done by rain, snow, or sleet to property in the open; earthquake;
? flood (surface waters or water that backs up through sewers or drains);
? water below the surface of the ground, including that which exerts
pressure or flows, seeps, or leaks through sidewalks, driveways,
foundations, walls, basement floors, or any opening;
? explosion of steam boilers and steam pipes;
? Freezing of pipes in an unoccupied, vacant, or under-construction building.
? Freezing, thawing, pressure, or weight of water or ice to a fence,
pavement, patio, swimming pool, or dock.
? Theft from a building that's under construction.
? Vandalism and malicious mischief if the building has been vacant for
more than 30 days.
? Wear and tear on the home including deterioration; insect and rodent
infestation; settling, cracking, bulging, or expansion of pavement,
walls, or foundations; or damage from domestic animals.
? Flooding.
? Earthquake.
? Structures used for a business.
? Intentional damage.
? War.
? Nuclear accident.
? Cars, trucks, vans, motorcycles, aircraft, and boats with anything
more than a small motor.
? Property belonging to tenants.
? Animals, birds, and fish.
? Losses resulting from the failure to protect property after a loss.
That was one list I found. As you can see, it seems to exclude things
that can not be explained, used for a purpose in which they were not
intended, mishaps caused by misuse of property, and/or anything
preventitive measures could stop, things like that.
As far as business liability and professional business situations
*Most* manufacturers, wholesalers, retailers, restaurants, bottlers,
and packaging or any firm do not cover
? loss of use of property not physically damaged when the product
fails to perform the function or serve the purpose intended by the
insured; and
? claims that arise when the insured is forced to recall or replace
all identical products on the market. Claims for damages could occur
for loss of use of the product, for damage to reputation, or for
actual costs of withdrawal.
* MOST * Business Insurance policies do NOT cover
? professional liability
? auto insurance,
? worker?s compensation or health and disability insurance. (you'll
need separate insurance policies to cover professional services,
vehicles and your employees)
Life Insurance does not cover
? death resulting from war,
? act of war
? suicide
? attempt at suicide
? bodily or mental infirmity or disease or treatment thereof
? any bacterial or viral infection (unless the infection was the
result of an accidental injury or bacterial infection which results
from the accidental ingestion of contaminated substances)
? travel in an aircraft
There is a lot of exposure out there, you are correct. However, most
policies can be tailored to meet individual needs, and, like I
mentioned before, you can always consult an insurance provider and a
lawyer to let you know what risks you may face with a SPECIFIC policy.
I hope this gives you an idea about some of the things you would not
be covered for, and an idea on how to protect yourself.
Also, here are some links to some FAQ's on different types of
insurance, and some places where you can find insurance lawyers who
may be able to help you with specifics of a policy that you may hold.
http://sb.thehartford.com/learn_insurance/faq.asp
http://www.faqfarm.com/Home/Insurance/
http://www.state.ma.us/doi/Consumer/css_homeowners_qa.htm
http://www.besteinsurance.com/info/homeownersfaq.php
http://www.faqfarm.com/Insurance/Auto/
http://www.dora.state.co.us/insurance/consumer/autoaqcon.pdf
http://sb.thehartford.com/learn_insurance/faq.asp
http://www.wellsfargo.com/biz/products/insurance/property_casualty/faqs.jhtml
http://www.gogenerator.com/insurance/69/insurance3437.html
http://freeadvice.com/
http://www.startinbusiness.co.uk/flowchart/8flowchart_ins.htm
http://jobslide.com/directory/FinanceIns/5.shtml
http://www.legalserviceconnection.com/lsc/legalservice.php?sourceId=143&source=GOOG&keyword=legal%20advice
All of those were found with Google searches for " homeowners insurance FAQ"
"auto insurance FAQ" "business insurance FAQ" "insurance legal advice"
So, there you go...some general ideas about what is usually not
covered, and some good places to find advice or more information on
most FAQ's about insurance policies. I wish I could give you a
definitive list, but, as I mentioned before, EVERY POLICY IS
DIFFERENT, so, make sure you always find out the specifics before you
make a final decision, and when in doubt, get legal advice on a
SPECIFIC policy. There are a lot of lawsuits anymore, and a lot of
fine print.
Thanks for using Google Answers. Please feel free, if you have any
questions or concerns, to use the "Request Answer Clarification" and I
can get back to you ASAP. I'd like to make sure we're all settled
before you rate my answer.
Nenna-GA
Google Answers Researcher |
Request for Answer Clarification by
jat-ga
on
19 Apr 2004 13:14 PDT
I may have been a bit too vague. A good portion of your response was
to provide me with typical exclusions from a policy. I'm more
concerned about what kinds of goofball things you can be sued for
which are not covered by insurance policies. For example, let's say
you package an item somebody else manufactures and/or sells. You're a
subcontractor and you put it in one of those heavy blister packs they
use these days and which are so difficult to get into without some
kind of scissors, knife or other tools. As a typical male, I pull and
yank and tear at it until I get frustrated. I pull out my trusty
pocketknife, jam it into the blister pack and slice up part of my hand
in the process as the knife fails to cut the heavy plastic. Since I
rely on that hand to write and my living is made as a writer, my
livelihood is now negatively impacted. But, surely, I'm not
responsible for my mishap, am I? Surely, it must be the folks who put
the product in the blister pack, i.e., you. So, I decide to sue the
blister pack manufacturer, the company who did the packing (you), the
company who made the product that was packaged, the company who made
the pocketknife that couldn't handle smoothly cutting through the
heavy-duty blisterpack, the store where I bought the product, etc.
Now, I doubt this kind of thing was covered by an insurance policy.
This is the kind of stuff I'm looking for. If you can give me a good
listing of these kinds of bizarre, wacky, not-covered by insurance
kinds of things--with reference to personal matters and business
matters--where suits have been filed and usually settled out of court,
I'll pay extra for the info. Thanks...
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Clarification of Answer by
nenna-ga
on
20 Apr 2004 08:50 PDT
Jat,
Thanks for your patience. As far as silly lawsuits that are more
"goofball?, I've got a ton of examples. I did also find out in my
research, that most lawyers try to get lawsuits like this in front of
a jury, because there is a chance of a higher settlement. However,
most companies/private individuals offer to settle, and the offer is
taken, because most ?frivolous lawsuits,? as they are sometimes
referred to anymore, since there are so many of them, are a person?s
?get rich quick? idea. In addition, they are referred to, according
to one source as ?Shotgun style lawsuits.? However, some people try
both approaches, so that if a jury fails to award a verdict, you can
appeal, and that is where the out of court settlement takes place.
(They are referred to as frivolous, because most feel that it is a
common sense thing that could have prevented the accident, or that it
is not worth suing over, because no one had the intent to harm anyone
in anyway)
?The approach being used by his lawyers is often referred to as a
?shotgun-style lawsuit? because it names everyone connected to an
incident in the hope that insurance companies will offer substantial
sums to settle out of court in order to avoid huge legal fees.?
http://www.contractormag.com/articles/column.cfm?columnid=278
(This link also tells about the lawsuit, which was about a ?cluttered?
work area, and all who were involved)
?Assistant City Attorney John Eckhardt said the city attorney's office
typically finds it more cost-effective to settle cases to avoid the
cost of drawn-out litigation, particularly when the facts are not
clear-cut. City attorneys acknowledged that few cases ever go to a
jury; most are settled out of court or dismissed. In the past 3 ½
years, Denver (CO) has spent more than $14 million to settle pending
or threatened lawsuits either after losing in court or before the case
went before a jury, according to the most recent city
records.?http://www.insidedenver.com/drmn/local/article/0,1299,DRMN_15_2786290,00.html
How about this one, where a man sued his neighbors for feeding birds,
because of the mess the birds made on his property. (Personal
property)
http://www.power-of-attorneys.com/bird_brained_lawsuit.htm
http://www.courttv.com/people/scm/021204_ctv.html
Alternatively, the woman who sued the cemetery for negligence after
she stepped in a sinkhole on her grandfather's grave
http://www.mtstandard.com/articles/2003/05/29/newsnationworld/hjjgjehajceaga.txt
http://www.power-of-attorneys.com/lawsuits_foot_in_grave.htm
Here is one about baseball:
?STRIKE TWO: In yet another Little League incident, a coach was
hitting some practice balls to his players. Unfortunately, one of the
balls ended up knocking out the two front teeth of one of his players.
The player?s parents sued the volunteer coach, who ended up paying an
undisclosed amount to settle the case.?
http://www.power-of-attorneys.com/suing_americas_favorite_pastime.htm
Here is a good one. A track and field official sues the college for
negligence where a track and field event was held because he was hit
in the eye with a javelin..., which is a track and field event.
http://www.power-of-attorneys.com/personal_injury_detail.asp?page_ID=43
http://pqasb.pqarchiver.com/sun_sentinel/ (You have to pay for the
full story for this one)
This one named Clear Channel as a defendant in the Great White concert
fire at a R. I nightclub, just because they gave out free tickets and
radio promos for the event.
http://www.power-of-attorneys.com/personal_injury_detail.asp?page_ID=34
"Four years ago, a woman sued the Missouri town after she stepped in a
hole the size of a small pizza along a city sidewalk and tore two
ligaments.
A jury found the town, which was without insurance at the time, liable
for the accident and ordered it to pay up. But the town says it can't
afford the payout and has officially gone bankrupt."
http://www.power-of-attorneys.com/personal_injury_detail.asp?page_ID=26
Those are all good examples of people suing others over things that an
insurance policy may or may not cover. It also shows that you can not
be prepared, but can be sued for ?freak? accidents that occur on the
property you are at or sponsored ( EX: The Clear Channel incident)
This article mentions some good examples
?A man asked a woman to dance. While doing a spin, the woman fell and
broke her finger. She sued her dance partner, and a jury awarded her
$220,000.
A neighbor helped a woman carry some burglarproof security bars for
her house. The woman dropped the bars, injuring her foot. She sued the
neighbor who had helped her. Although a jury ruled against her, legal
fees cost the "Good Samaritan" neighbor $4,700.?
http://www.brownandwilliamson.com/index_sub2.cfm?Page=/GC/Index.cfm%3FID%3D162%26Sect%3D4
In addition, I know we all heard about the McDonalds lawsuit
http://lawandhelp.com/q298-2.htm
http://www.okbar.org/publicinfo/mcdonaldsspeech.pdf
?1. The vast majority of frivolous lawsuits are now settled out of
court. There are, in fact, career lawyers who do not have trial
experience because their job is to get out-of-court settlements.
Companies are willing to settle out of court because their overall
costs are lower.
2. For a litigation to have merit, it should accomplish at least one
of two objectives:
a. It corrects a true injustice committed against an individual, or
b. It corrects a true injustice committed against a group,
organization, or to society as a whole.
In the case of the infamous McDonald's Coffee Cup litigation, it
accomplishes neither objective. I would argue that it was the
litigant's lack of common sense that led to this incident. The only
winner in this case is the litigant and the attorneys.?
So, there you go. Some examples, what they are called, and how it is
settled in most cases. As I said before, you cannot protect yourself
from everything, as this proves so, make sure you do your best I
guess, and keep your fingers crossed in this world today.
Google Searches used:
?Frivolous lawsuits?
?Frivolous lawsuits settled out of court?
Nenna-GA
Google Answers Researcher
|
Clarification of Answer by
nenna-ga
on
21 Apr 2004 14:08 PDT
jat,
Hello again. While we try here at Google Answers to provide as much
information as possible, sometimes we just can't keep getting more and
more in depth. What we can do though, is suggest that the asker post
the follow up questions as new questions so that more researchers can
try to help him/her out with an answer.
I feel I have done my personal best on your original question, which was...
"I'd like to know what kinds of things a person can be sued for which
are often excluded from coverage by various insurance policies. I'm
thinking mainly here of the various kinds of things for which
homeowners, or auto, or general business liability, or errors and
omissions, or an umbrella
policy would still leave you vulnerable."
I then did my best to clarify my answer to your clarification request, which was
"A good portion of your response was to provide me with typical
exclusions from a policy. I'm more concerned about what kinds of
goofball things you can be sued for which are not covered by insurance
policies."
While this somewhat contradicted the information asked for in the
first questioned, I narrowed it down a bit and provided lawsuits
(Shotgun style) related to the example you gave me....
"So, I decide to sue the
blister pack MANUFACTURER, the COMPANY who did the packing (you), the
COMPANY who made the product that was packaged, the COMPANY who made
the pocketknife that couldn't handle smoothly cutting through the
heavy-duty blisterpack, the STORE where I bought the product, etc.
Now, I doubt this kind of thing was covered by an insurance policy.
This is the kind of stuff I'm looking for. If you can give me a good
listing of these kinds of bizarre, wacky, not-covered by insurance
kinds of things--with reference to personal matters and business
matters--where suits have been filed and usually settled out of court"
However, your 3'd clarification is asking more for...
"I'm interested primarily in lawsuits along these lines that would be
either against a person, personally, or against a business (primarily
"ma and pa" type businesses...where most of the regular folks are),
not some municipality or other government/quasi-government entity (or,
even large corporate
institutions)." Which negates the idea of a Shotgun style lawsuit, as
the example you gave me in the 2nd clarification
I just feel as a reseacher, that it would be more fair to both you as
a customer who deserves each different question researched to the
fullest extent of THAT question, and I as a reseacher, time wise,
since the questions are different in nature, to open up this 3'd
clarification as a new question, for the other reseachers as well.
Thank You for using Google Answers
Nenna-GA
Google Answers Researcher
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