Will I Be Covered if Someone Slips and Falls on Ice on My Property?
After a major snowstorm, lingering moisture on walkways and roadways can refreeze and create icy conditions. So, as a homeowner, shoveling your walkways and stairways clear of snow may not be enough to keep your premises safe. That is, you may need to put down salt or barricade areas where the ice is too stubborn to melt away. If you do not, one of your visitor may accidentally slip and fall on this ice, and hit you with a premises liability claim. Understandably, you may be unable to afford the out-of-pocket expenses of this civil lawsuit. Well, for this, please read on to discover whether you will be covered by your homeowners’ insurance policy and how one of the seasoned New York third party claim attorneys at The Law Office of Craig A. Blumberg, P.C. can work to ensure you get the representation you need during this critical time.
Will my homeowners’ insurance cover me if someone slips and falls on ice on my property?
Generally speaking, your homeowners’ insurance policy should offer you personal liability coverage in the event that a third party sues you over a slip and fall accident on your property. This coverage may apply to the third party’s claimed medical expenses, along with your incurred attorney and cour costs associated with having to defend your case. Hopefully, this means that you may learn your lesson on proper premises maintenance without having to take a weighty financial hit in the process.
What happens if my homeowners’ insurance does not want to represent me in this lawsuit?
As soon as you are served with a premises liability lawsuit, you may inform your homeowners’ insurance company on the situation. Typically, a representative may step up to investigate the claimed incident and represent you in your upcoming claim proceedings. However, in an unideal situation, your company may refuse to offer you such assistance.
They may do so because they claim that you did not opt for the premium that gives the company the duty to pay for these damages. Or, that there is no clause in your chosen policy that discloses the company’s duty to defend you in a legal case. You must not let them get one over on you, so to speak, and act in bad faith.
Instead, you may seek one of our attorneys for legal aid. At this time, we may contact your insurance on your behalf to negotiate a plan on your behalf. If this does not work, we may initiate a declaratory judgment action against them and ask the court to rule of whether or not your insurance has any further obligation towards you.
Before you find yourself in an even worse position, you must retain legal representation from The Law Office of Craig A. Blumberg, P.C. One of the competent New York third party claim attorneys from our law firm will guide you on what to do.