Personal injury/construction mods to our home by me/ can wife sue me?

[neverendit]

California resident: I floored the attic in our home for storage. After almost 2 yrs of divorce litigation, I have now been served with a personal injury lawsuit claiming negligence on my part as I floored the attic for storage, and after I had left the home, she fell 18 feet through the ceiling after stepping off the area I had floored. Suit claims negligence on my part as I failed to put up appropriate guardrails or other safety devices to prevent fall. She claims in the complaint for damages that she was unaware of the condition of the flooring, and had never been up there prior to the fall which is false.

Will my homeowner insurance company be required to defend me?

I was served 1yr and 73 days after the incident. What is statute of limitations in California?

Any advice?

 

[I AM ALWAYS LIABLE]

California resident: I floored the attic in our home for storage. After almost 2 yrs of divorce litigation, I have now been served with a personal injury lawsuit claiming negligence on my part as I floored the attic for storage, and after I had left the home, she fell 18 feet through the ceiling after stepping off the area I had floored. Suit claims negligence on my part as I failed to put up appropriate guardrails or other safety devices to prevent fall. She claims in the complaint for damages that she was unaware of the condition of the flooring, and had never been up there prior to the fall which is false.

Will my homeowner insurance company be required to defend me?

I was served 1yr and 73 days after the incident. What is statute of limitations in California?

Any advice?

My response:

Now that I've stopped laughing, I need a few questions answered.

1. What is the exact date of the accident?

2. What is the exact date of the filing of her complaint (See first page, top right) ?

3. On the date of the accident, were you still "officially" married?

4. On the date of the accident, who owned the house?

IAAL

 

[neverendit]

Accident occured Dec 25, 2000. Filing on Dec 19, 2001.

Still officially married yet today! Termination of status has not yet occured.

We owned the home joint, it is now a pending sale.

 

[I AM ALWAYS LIABLE]

Accident occured Dec 25, 2000. Filing on Dec 19, 2001.

Still officially married yet today! Termination of status has not yet occured.

We owned the home joint, it is now a pending sale.

My response:

She is then within the 1 year Statute of Limitations. Insofar as you're concerned, it doesn't matter when she served the Summons and Complaint on you.

A homeowners policy provides no coverage for injuries inflicted by an insured husband against his wife and children living in the same household. Their claims are barred by the "resident relative" exclusion. [State Farm Fire & Cas. Co. v. Lewis (1987) 191 Cal.App.3d 960, 964, 236 Cal.Rptr. 807, 809--includes wrongful death claims; see also State Farm Fire & Cas. Co. v. Alstadt (1980) 113 Cal.App.3d 33, 38, 169 Cal.Rptr. 593, 595]

So, the next and final question is:

Were you living there at the time of the accident?

IAAL

 

[neverendit]

No. I was removed from the home August of 2000 under false allegations of domestic violence. Fortunately, I was released as the arresting officer believed me and could see the truth. It was listed as a detention only.

It's been a very long two years......

 

[I AM ALWAYS LIABLE]

No. I was removed from the home August of 2000 under false allegations of domestic violence. Fortunately, I was released as the arresting officer believed me and could see the truth. It was listed as a detention only.

It's been a very long two years......

My response:

Okay, then in that case, your homeowner's insurance company is on the hook for your defense, and if required, payment of any liability claims.

Immediately, make a clean copy of all papers you have received, and send them to your insurance company for defense. Make sure you send a cover letter with your situation and a "Demand for Defense", and send it all by Certified Return Receipt.

Good luck to you.

IAAL

 

[neverendit]

Is there clear written law that states my insurer is liable for defense and/or payment of damages? What makes this so? Any case law as precidence, or is it that clear cut?

Is the demand for defense you refer to anything more than simply stating that in writing? (separate legal form?)

Thank you for your help!!!

 

[I AM ALWAYS LIABLE]

Is there clear written law that states my insurer is liable for defense and/or payment of damages? What makes this so? Any case law as precidence, or is it that clear cut?

Is the demand for defense you refer to anything more than simply stating that in writing? (separate legal form?)

Thank you for your help!!!

My response:

It is contractual in nature; i.e., in your policy of insurance, there is a "resident exclusion." In your case, you weren't a "resident" - - it is the opposite situation of the cases, above, that I cited to you.

Your policy of insurance coverage "makes this so." You are entitled to a defense because you weren't a "resident" relative at the time of the accident.

In the cover letter, you merely explain the accident, all the facts - - just like you answered here for me - - and your situation of divorce, just like you did here. Then, at the top of the letter, you write, "Demand for Defense". Then, in your last sentence of your letter, you say, ". . . and based upon these facts, I demand a defense to the complaint, and indemnification from payment of damages pursuant to my policy of insurance in force on the date of the alleged accident."

IAAL

 

[neverendit]

OH THIS IS HELPFUL!

THANK YOU!

 

[neverendit]

IAAL !! Please Help!!!

Initial response from homeowners insurance claims rep is that there is no coverage for either named insured on the policy for liability or defense. They never pay to defend one named insured against another.

He is awaiting the receipt of the full complaint by fax to further review, and then will take a phone statement from me for documentation of the facts. They will then advise their firm position on coverage.

Where can I find the "resident exclusion" you referred to?

What should I do/say?

 

[HomeGuru]

I wish to add that there may be other exclusions in the insurance policy. The insurance company can refuse to defend or pay out settlement under various scenarios such as....the work was not completed by a licensed contractor, no building permit was obtained, the improvements were not completed in accordance with applicable building codes etc.
In this instance, the insured intentionally constructed the attic storage floor and thereby created the unsafe condition. Did the insured constructor notify the insured resident of the unsafe condition? Were there in fact no guardrailings were guardrailings should have been? Was there adequate lighting and proper footing surface? What was the building material used to construct the flooring?
Was the material installed flush whith each other thereby eliminating any open joints, voids or spaces that could have caused a trip hazard? Was the surface of the material smooth enough to cause a slip and fall hazard? Were there steps leading to the subject storage area? If so, were the steps built to building code with respect to tread, riser dimensions, handrailing size, guardrailing etc........

 

[neverendit]

So many opinions....what's the law?

According to California law:

Can she sue me as we're still legally married?

Also, State Farm says the issue is that we are named insurereds, and that the resident issue is not the issue at all.

 

[neverendit]

What's next?

Let's assume State Farm denies coverage....as they say we are both named insurereds on the policy.

What should I expect next?

How does one go about locating capable defense?

What would the court process be like (I've only be exposed to family law)

Still not been answered.....Can a wife sue her husband for this, and win?