liability insurance

What is the name of your state?va
the neighbors want access to my property and the bridge and have signed an easement stating they and their guests are indemnifying me and basically wont sue. Now, my homeowners covers my and my guests liability but would theirs do the same seeing that the property in question is not theirs or even on their property.
Is this something I need to ask them to produce for me to cover me if one of their guests tries to sue them? Just making sure I'm covering the bases

nonboatr said:

What is the name of your state?va
the neighbors want access to my property and the bridge and have signed an easement stating they and their guests are indemnifying me and basically wont sue. Now, my homeowners covers my and my guests liability but would theirs do the same seeing that the property in question is neither theirs or even on their property.
Is this something I need to ask them to produce for me to cover me if one of their guests tries to sue them? Just making sure I'm covering the bases

Click to expand...

My response:

Oh, this ought to be a good one!

Before I get into your other issues, I would like for you to write the EXACT words contained in the "indemnification agreement" your neighbor signed and gave to you.

IAAL

response to liability question

the wording is this. They for themselves their guest and invitees do expressly acknowledge and accept all risks associated with use adn do expressly release [me] from future claims of negligence or claim of injury which may arise from use and hereafter do agree indemnify and save harmless[me] from any claims related to use...
Again, does their homeowners gonna cover any of them or do you think it could get back to me?

nonboatr said:

the wording is this. They for themselves their guest and invitees do expressly acknowledge and accept all risks associated with use adn do expressly release [me] from future claims of negligence or claim of injury which may arise from use and hereafter do agree indemnify and save harmless[me] from any claims related to use...
Again, does their homeowners gonna cover any of them or do you think it could get back to me?

Click to expand...

My response:

Ooooh, I knew this was going to be a good thread!

That "indemnity agreement" is completely worthless - - for a quick couple of reasons (that I can think of at this late hour):

1. Your neighbor probably wouldn't have the money to indemnify you in the event of an incident; e.g., a broken leg.

2. Your neighbor CANNOT bind, nor abrogate, the rights of third persons who have not signed and agreed to the terms and conditions of that agreement; i.e., If a guest is injured, maimed or killed on your premises, that person or person's family is coming straight for you - - and not the neighbor.

The answer to your question is no. His insurance company is under no obligation, contractual or otherwise, to cover you and your property should an incident occur.

Tell your neighbor to go to law school before he starts to write idiotic "agreements". However, if this is an important issue to you and your neighbor, one of you, or both of you, should "spring" for the cost of an attorney to write a REAL agreement.

Thanks for the chuckle!

IAAL

thank you

va. It is important but this came from a lawyer's office...This is not the only thing that is worded weird. Everyone who has read it thinks it is kinda mickey mouse. I just need to get out of it now.thanks again.

rewording or bond

Since my insurance company would have to pay for any accident on my property, they would have to turn around and sue the neighbors personnally for this, can or should this be reworded to have a bond put on or something?