If lose in Small Claims with insurance pay?

[gciauri]

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

 

[LdiJ]

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

If you have not passed the claim along to them to handle, no, they will not pay.

If you have passed the claim along to them to handle, then they might. It all depends on the details of the situation.

 

[cbg]

When you asked your insurance company this question what did they say?

 

[gciauri]

Sorry! Question is our Homeowners policy denied a claim by our neighbor for leak they say was caused by our balcony. Travelers said it was HOA responsibility. So, now other unit is taking both us and HOA to small claims. If I lose, will travelers then pay? CCR are vague and unclear so judge could interpret either way I'm guessing. To complicate matters, they initially said they'd do their own "small repair, they just needed leak found" and were selling unit so they gave buyer 4K credit then waited for sale to go through THEN approached me 4 months later for $$. Pics we took at time in January for a small leak in the ceiling costing perhaps $200-400 dollars are now 4k. Oh brother.

 

[cbg]

I repeat my question; when you asked your insurance company this question, what did they say?

This is not a question of law. This is a question of your contract with the insurance company - your policy. There is not a law that will force them to pay if you lose in small claims; neither is there a law that prohibits them from doing so. So you need to be looking at YOUR policy with Travelers to see when they will and will not pay.

I have not read your policy and neither has anyone else here.

 

[LdiJ]

Sorry! Question is our Homeowners policy denied a claim by our neighbor for leak they say was caused by our balcony. Travelers said it was HOA responsibility. So, now other unit is taking both us and HOA to small claims. If I lose, will travelers then pay? CCR are vague and unclear so judge could interpret either way I'm guessing. To complicate matters, they initially said they'd do their own "small repair, they just needed leak found" and were selling unit so they gave buyer 4K credit then waited for sale to go through THEN approached me 4 months later for $$. Pics we took at time in January for a small leak in the ceiling costing perhaps $200-400 dollars are now 4k. Oh brother.

You have to inform your insurance company that you have been sued. It is their responsibility to deal with the suit.

 

[cbg]

^^^^^What L said.

 

[adjusterjack]

Sorry! Question is our Homeowners policy denied a claim by our neighbor for leak they say was caused by our balcony. Travelers said it was HOA responsibility. So, now other unit is taking both us and HOA to small claims. If I lose, will travelers then pay? CCR are vague and unclear so judge could interpret either way I'm guessing. To complicate matters, they initially said they'd do their own "small repair, they just needed leak found" and were selling unit so they gave buyer 4K credit then waited for sale to go through THEN approached me 4 months later for $$. Pics we took at time in January for a small leak in the ceiling costing perhaps $200-400 dollars are now 4k. Oh brother.

If you have been served a summons and complaint you MUST immediately call your insurance company, have the original claim re-opened and arrange to get a copy of the summons and complaint to your claims rep. Your insurance company has a contractual obligation to defend you and you have a contractual obligation to facilitate that defense.

If you handle this lawsuit without your insurance company and you lose, your insurance will not pay, and may even non-renew your policy for failure to comply with the policy provisions.