Homeowners liability

[Mayhem]

Can a property owner be responsible if the spouse of that property owner was convicted of Mayhem and A/B with a dangerous weapon?

Secondly, will my auto insurance company pay out due to the fact that I had just exited my vehicle (I was standing between the door and the inside of my car) when the assualt took place.

 

[ALawyer]

This is one that you should take to a local personal injury lawyer who will give you a free initial consultation.

I don't know what the law is in your state about spousal immunity nor do I know the type of policies you had.

 

[Mayhem]

Clarification

The state is MA -- I am the victem,so I do not know what type of policies these parties carry. I have spoken to a PI lawyer, however due to the nature of the crime being a felony not criminal most policies list this type of crime as an exclusion. But I was most interested in wheather or not the Spouse of the felon can be held responsible under a home owners policy because this spouse is the sole owner and deed holder of their property not the felon.

 

[ALawyer]

Even though the policy may exclude intentional and criminal acts, the company may have a duty to defend and thus settle the case with a contribution from the spouse. In any event, if the other spouse was not at all at fault, she should not have any liability.