Home     Law Advice     Insurance Advice     Community    
Homeowners Insurance : Includes Fire, Theft, Personal Property, & Umbrella Insurance.
Go Back   FreeAdvice Legal Forum > INSURANCE > Homeowners Insurance
Reload this Page Duty to defend from a malicious prosecution under our umbrella coverage?

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-28-2009, 12:15 PM
Junior Member
  
Join Date: Sep 2009
Posts: 1

Duty to defend from a malicious prosecution under our umbrella coverage?

What is the name of your state (only U.S. law)? California

Our insurance carrier has denied coverage to reimburse legal fees costs to defend five restraining orders that were maliciously filed against all members of our family. All five restraining orders were dismissed, they were outrageous lies. Our policy has a clause to defend malicious prosecution, libel and slander.
The insurance company claims that defending the false allegations does not represent a loss as there was no monetary demand.
  #2  
Old 09-28-2009, 11:41 PM
Senior Member
  
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,739
I would agree, you were not sued, a restraining order is a criminal proceeding.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #3  
Old 09-29-2009, 07:59 AM
Senior Member
  
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,040
Quote:
Originally Posted by olrena View Post
What is the name of your state (only U.S. law)? California

Our insurance carrier has denied coverage to reimburse legal fees costs to defend five restraining orders that were maliciously filed against all members of our family. All five restraining orders were dismissed, they were outrageous lies. Our policy has a clause to defend malicious prosecution, libel and slander.
The insurance company claims that defending the false allegations does not represent a loss as there was no monetary demand.
Plus, an umbrella policy kicks in when the homeowners insurance's liability is exhaused. Your post doesn't indicate that your HO policy even paid.
__________________
My new signature:
Originally Posted by arazi
Quote:
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:06 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.