Can someone who was on the deed and living in the home go after my homeowner insurance for her child getting out of the house and falling in the pool?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 25, 2012

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Insurance Question from VA Beach, VA

Asked on 04/25/2012

Can someone who was on the deed and living in the home go after my homeowner insurance for her child getting out of the house and falling in the pool? I moved out of my home an added my son and his wife's name to the house deed and they continued living there. after few years my sons wife had an affair and had a child by another man but still stayed in the home with my son but in a different bedroom. the child born from the affair got out of the house and fell in the pool that my son and his wife had been emptying water out of to get it ready for the up coming summer (2 foot of water remained) the child is now disabled. since that time the wife has moved out, removed her name from the deed and remarried. 8 years later going after Ins.

Answer given on May 02, 2012

Insurance coverages are based on the insurance company, coverages and named insureds at the time of the loss. If your daughter-in-law was on the homeowner’s insurance policy as a named insured at the time the child was injured, then she cannot file a claim under that insurance policy. In essense she would be filing a claim against herself.She could try to file a suit against your son, but the insurance would be denied since she was married to him at the time and they were both on the policy. Any negligence would belong to the both of them, and the insurance policy cannot be used by one insured against the other. The insurance company will deny all coverage in this case.If this were to go to trial, it is likely the judge will throw the case out since they were married at the time, but your son will still have to defend himself in case this does go to trial. This will be something he will have to pay for on his own, without the insurance.


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