Legal obligation for landlord to report threat of personal injury suit from tenant to insurer even if coverage is not sought?

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Legal obligation for landlord to report threat of personal injury suit from tenant to insurer even if coverage is not sought?

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?

Asked on June 9, 2009 under Personal Injury, Missouri

Answers:

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Answered 14 years ago | Contributor

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 [email protected] or call the Santoro Law Office at 913 441 5025.

Sean Santoro

Santoro Law Office


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 AttorneyPages.com 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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