Umbrella coverage.

[eeaach]

What is the name of your state (only U.S. law)? California.
I recently had a slope failure and the owners of the downslope property(commercial) may file suit for damages that may occur or to force us to regrade the slope. Estimates vary btw 125,000 to 200,000 $. Is it too late for umbrella coverage to be brought to bare. I currently do not have this coverage. Thx.

 

[adjusterjack]

The loss already occurred.

Getting umbrella coverage now won't be backdated so it wouldn't do you any good.

I hope you have reported the incident to your homeowners insurance company.

Your insurance company will investigate and will defend you even if the potential claim is above your policy limits.

Why is the downslope neighbor blaming you?

And, by the way, you have the right to remain silent (yes, even in a civil matter) so I suggest you not talk about it to anybody except your insurance company and its authorized representatives.

 

[quincy]

What is the name of your state (only U.S. law)? California.
I recently had a slope failure and the owners of the downslope property(commercial) may file suit for damages that may occur or to force us to regrade the slope. Estimates vary btw 125,000 to 200,000 $. Is it too late for umbrella coverage to be brought to bare. I currently do not have this coverage. Thx.

What caused the slope failure? Have you altered the slope of your property in the past?

Whatever the answers to these questions, I agree with the previous poster that you should report the slope failure to your insurer.

It is possible you may not be held liable for damage to the downslope property at all, should the downslope property owner decide to file suit. You will want the facts of the slope failure and the damage to the downhill property personally reviewed to determine this.

Here is a link to Keys v. Romley, 64 Cal 2d. 396, 405-06, which you might find interesting as an upslope property owner: http://scocal.stanford.edu/opinions/keys-v-romley-29982

 

[eeaach]

Thx for the input. First. My insurance co had not investigated the site as their position is this event is not covered per phone conversation. The failure was caused by a combination of heavy rain and an "ongoing influx of water from an external source" per geological report. The slide material was mainly fill from a pool excavation done in the 1960s. The downslope property manager is not blaming us per we but has notified us that we "may be responsible for significant future expenses from further damages". Of note, the slide material went on a parking lot that did not sustain any actual damage and has been protected by concrete barricades and a large chain link fence placed by the property management company. Their position is that they want to see a "permanent solution " to the problem without stating specific actions. So what can they sue us for or force us to do? So that's as succinct as I can be about the situation. Thanks again for any future input.

 

[quincy]

Thx for the input. First. My insurance co had not investigated the site as their position is this event is not covered per phone conversation. The failure was caused by a combination of heavy rain and an "ongoing influx of water from an external source" per geological report. The slide material was mainly fill from a pool excavation done in the 1960s. The downslope property manager is not blaming us per we but has notified us that we "may be responsible for significant future expenses from further damages". Of note, the slide material went on a parking lot that did not sustain any actual damage and has been protected by concrete barricades and a large chain link fence placed by the property management company. Their position is that they want to see a "permanent solution " to the problem without stating specific actions. So what can they sue us for or force us to do? So that's as succinct as I can be about the situation. Thanks again for any future input.

I can advise that you do not seek a "permanent solution" without consulting with an attorney in your area first who is well-versed in upslope/downslope legalities. You do not want to alter your slope without a personal review.

You can read through the case I cited earlier for the reasons.

Good luck.

 

[eeaach]

Thx again for the advice. It was very helpful.

 

[quincy]

Thx again for the advice. It was very helpful.

Thank you for thanking us, eeaach. I am glad you found the advice helpful.

Good luck with your downslope neighbor.