Legal obligation for landlord to report threat of personal injury suit from tenant to insurer even if coverage is not sought?
Question Details: I understand that many policies require that you report any threats of suit to the insurance company in order to stay covered, but is there a legal obligation to report a threat of suit for personal injury on your property if you do not seek coverage? I.e: we would like to handle the personal injury matter ourselves, without involvement by the insurance company. Is this legal or is there an obligation to report?
Without seeing your insurance contract, I can only give the general advice that it is better to report the matter to your insurance company, and not need the coverage, rather than wait too long to report and be denied. Negotiations have a way of falling apart sometimes. I would prefer to know additional facts here, but I prefer my clients have a 'safety net' if negotiations fail. Strictly speaking, it might be 'legal' not to report this incident; but it also might be 'legal' for the Insurance Company to deny coverage. If you need me to review your contract, or have additional specific facts, feel free to email me at sean@roadlawyer.net or call the Santoro Law Office at 913 441 5025.
Sean Santoro
Santoro Law Office
