Consultation with new PI defense atty tomorrow...

[neverendit]

Calif resident: Ex wife (actually separated, still legally married) has served petition for negligence on my part as I floored attic for storage, and she fell through ceiling after stepping off flooring after I moved out of home, causing broken ankle. Suit claims I didn't install safety devices to prevent her fall. (Note that builder installed small platform in front of furnace to change filter with no railings, etc. I see this done often in new home construction).

Is there any reasonable expectation of safety railings to be installed in an attic?

Homeowners insurance company has denied coverage, stating we are both named insureds on policy....no coverage/no defense.

Is there good reason I should be covered by policy? (I was not a resident of home at time of accident)

Is there case law precident on whether or not and individual can sue a spouse?


How about another case ruling with similar events as described here?

Aparently, there was no clear cause of action brought forth in the petition. Chances of getting it dismissed or "demurred" (what's this mean?) as a result?

 

[ALawyer]

I'll not attempt to do more than comment on the insurance issues.

The negligence issue is one that an accident / personal injury lawyer would have to answer; ditto with the sue a spouse issue.

The company often owes you a duty to defend even if they are not liable. In a case like this it pays to retain a lawyer to pressure the insurance company to defend you, or get her to dismiss it.

Let's face it, in a matrimonial matter the ex-spouse and her attorney fight hard, and I assume there is no love left. This "injury" becxomes part of her marital settlement claim.

A demurrer is a legal motion that essentially says, "even if what you complain about did happen, there would be no basis for liability."