If a policy is in my name and I am the insured but my child caused damage that was determined willful and I was sued for it, would I be covered?

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If a policy is in my name and I am the insured but my child caused damage that was determined willful and I was sued for it, would I be covered?

Most umbrella policies have exclusions that state willful damage by “insured” is excluded. My child is not the insured but I am.

Asked on July 28, 2014 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You would probably not be covered--a willful act by the insurered includes a willful act by minor children or others covered under the policy with him/her. You are generally liable for your child's willful harmful act as if it were your own. However, if sue, there is no harm in submitting the claim to your insurer--the worst they can do is turn you down.


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