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rent from family but i have a def lead poisoning case for my 17m old (lvl30) i really dont want to sue my family but i know that my son has been affected, im in NY if i filed a suit would it go against them personally or their homeowners insurance?
Asked on April 28, 2009 under Personal Injury, New York
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The homeowner's insurance would cover the claim up to policy limits. So you would have to make sure that you were not suing for more than their policy coverage otherwise for any additional amount over they would be personally liable.
Also, if they were on notice of the condition or under some government mandate to correct the situation and did not do so, the insurance company could reject the claim and decline to pay.
Without knowing more facts it's hard to say. Many attroneys will give an initial consultation on this type of the matter free of charge. If you would like help finding a lawyer in your area please go to www.AttorneyPages.com. Unless it's a very minor issue, any time you deal with an insurance company it's always advisable to have legal representation.