Can my insurance not cover my accident for these reasons?

UPDATED: Oct 1, 2022

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Can my insurance not cover my accident for these reasons?

My insurace is trying to say I was using my pickup for work purposes but it wasnt
insured to be used for work. First of all Im not employed and do not receive a
paycheck. I do help my father at his plumbing company once in a while. The issue
is I was coming from a plumbing supply house with a water heater that I purchased
under his company account but I did it without permission and gave the water
heater to a friend who was hard up and needed it. The insurance company is trying
to say I picked it up on behalf of the plumbing company but I have never used my
personal luxury pickup to get plumbing supplies or do any plumbing work ever in the
past and I was not getting this water heater for the plumbing company I was getting
it without permission and giving it to a friend so nothing to do with work or the
plumbing company and as I said I have been to the supply house many times in the
past but never with my luxury pickup. Can they just say I was using my truck for
work when I Wasnt?

Asked on November 28, 2017 under Accident Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

On the face of it, you seemed to be using your pick-up for work: you were picking up a water heater from a plumbing supply house (so a place that sells to plumbers and contractors); you bought it under a commercial account; and you do some work (though you claim it is unpaid) for your father's plumbing company. It was not unreasonable for the insurer to believe this was a commercial use. While you can sue them for "breach of contract" for violating their obligation to pay this claim, as the person suing, the burden will be on you to prove that this was not a commercial use. In light of the facts you paid out, that may be difficult; therefore, you could incur the time and cost of a lawsuit for what is likely a significantly less than 50-50 chance of winning.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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