Many people think Homeowner’s insurance covers you for damage to your property or a claim against you if someone gets hurt on your property. While that is true, it also covers you if you hurt someone without intending to harm them even when you are not on your property. Attorney McMaster has handled a large number of cases where an insured person (household member) hurts someone off their property, such as an injury that occurs during an argument at a party or a sporting event. The insured (the defendant) is covered for the harm caused by their actions.
Homeowner’s policies do vary in what they will cover and what they will exclude, and analyzing their provisions can be a complex task. This is where Attorney McMaster’s experience with insurance coverage comes in handy.
Attorney McMaster will review your case and give you an honest assessment of your situation. There are a number of factors that need to be considered in order to determine the success of your claim.
A police officer was injured when a suspect resisted arrest. He broke his ankle and lost a great deal of time from work. Attorney McMaster brought a claim on behalf of the police officer against the suspect’s homeowner’s insurer for the injury. The insurer denied the claim. Attorney McMaster then filed suit against the suspect and the insurer brought its own suit against the suspect to deny the claim. The insurer failed to defend the suspect and a default judgment was entered against the suspect for almost $100,000. Thereafter, the insurer won the suit that stated that its exclusion applied, and it should not have to pay the claim. The case was appealed to the Supreme Judicial Court which stated that, although the insurer was not contractually obligated to pay the claim, it was obligated to defend the suspect. Since it failed to defend the suspect, it was required to pay the default judgment, plus interest and attorney’s fees. Attorney McMaster settled the case for $140,000.
See: Metropolitan Property & Casualty Insurance Company v. Morrison, 460 Mass. 352 (2011)
Call 508-393-9200 to schedule an appointment. Conveniently located in Northborough, Attorney John J. McMaster will analyze your situation and offer sound advice.