"Personal Injury" on a typical HO policy

[bikerfox]

Calif.

My HO policy covers "malicious prosecution," which I understand to be both criminal and civil.

I talked with a claims adjuster from my ins. co. today and she told me that if someone sues
me maliciously my policy won't provide legal support. My policy will provide legal support if
I sue someone maliciously. This doesn't make sense to me at all. Could I get some clarification
on this?

Thanks.

 

[Zigner]

Calif.

My HO policy covers "malicious prosecution," which I understand to be both criminal and civil.

I talked with a claims adjuster from my ins. co. today and she told me that if someone sues
me maliciously my policy won't provide legal support. My policy will provide legal support if
I sue someone maliciously. This doesn't make sense to me at all. Could I get some clarification
on this?

Thanks.

You misunderstood - review your policy.

 

[bikerfox]

You misunderstood - review your policy.

The policy doesn't say more than "malicious prosecution." There is nothing else to review.

That's why I'm writing to the experts.

 

[Zigner]

The policy doesn't say more than "malicious prosecution." There is nothing else to review.

That's why I'm writing to the experts.

Your entire policy consists solely of the words "malicious prosecution"? Somehow, I doubt that.

You will want to have your policy reviewed by someone who can understand it - and that is beyond the scope of this forum. I would suggest you seek clarification from your insurance agent. If you are still not satisfied, then see if you can find a local attorney to review and explain it to you.

 

[ALawyer]

Some Homeowners Policies Cover Defense of Malicious Prosecution Claims.

Nearly all licensed homeowners insurance companies nationwide use policy forms developed by an organization called the Insurance Services Office Inc., which is based in New Jersey. That organization sells the right to use its policy forms to insurance companies, and is not very consumer friendly in terms of allowing consumers to see the forms of policy available online, at least without consumers having to pay a fee; that it does not do so is shameful. (It's the opposite of FreeAdvice.com.)

While I don't have a set of specimen policies in front of me, my recollection is that the standard Homeowners Policy comprehensive form HO-5, and the more or less standard form Umbrella policy, would cover your liability and the costs of defense up to a set dollar limit if you are sued for malicious prosecution. I am not sure if the lesser forms of homeowners coverage (HO-3 or HO-5) provide that protection.

I don't think that any insurance policy covers the cost of its insured suing someone else for malicious prosecution, so I'd bet either your insurance agent was wrong, or you misunderstood him or her.

 

[adjusterjack]

Calif.

My HO policy covers "malicious prosecution," which I understand to be both criminal and civil.

I talked with a claims adjuster from my ins. co. today and she told me that if someone sues
me maliciously my policy won't provide legal support. My policy will provide legal support if
I sue someone maliciously. This doesn't make sense to me at all. Could I get some clarification
on this?

To clarify ALawyer's comment, Personal Injury Liability coverage (as opposed to Bodily Injury Liability coverage) is not part of the ISO standard HO policies but can be included in the proprietary policies of some insurance companies or written freely as an optional endorsement to a homeowners policy.

On my own homeowners policy it's called VIP Homeowners Deluxe and has about 10 pages listing a variety of optional coverages and expansions of coverage. But that's neither here nor there. What counts, bikerfox, is that you have it and I am about to explain it.

I'm quoting directly from the policy. This is the definition of Personal Injury:

"Personal injury" means injury arising out of
one or more of the following offenses, but only
if the offense was committed during the policy
period:
A. False arrest, detention or imprisonment;
B. Malicious prosecution;
C. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person occupies, committed by or on
behalf of its owner, landlord or lessor;
D. Oral or written publication of material that
slanders or libels a person or organization
or disparages a person's or organization's
goods, products or services; or
E. Oral or written publication of material that
violates a person's right of privacy.

This is the coverage provided by the policy:

Personal Injury Coverage
If a claim is made or suit is brought against an
"insured" for damages resulting from an
offense, defined under "personal injury", to
which this coverage applies, we will:
1. Pay up to our limit of liability for the
damages for which an "insured" is legally
liable. Damages include prejudgment
interest awarded against an "insured"; and
2. Provide a defense at our expense by
counsel of our choice, even if the suit is
groundless, false or fraudulent. We may
investigate and settle any claim or suit that
we decide is appropriate. Our duty to
settle or defend ends when our limit of
liability for the offense has been exhausted
by payment of a judgment or settlement.

Now, bikerfox, getting to your points.

First:

My policy will provide legal support if I sue someone maliciously.

Yes, but not if you do it intentionally as there is the following exclusion to the Personal Injury coverage:

This insurance does not apply to:
A. "Personal Injury":
1. Caused by or at the direction of an
"insured" with the knowledge that the
act would violate the rights of another
and would inflict "personal injury";

Second:

if someone sues me maliciously my policy won't provide legal support.

That's not entirely correct. Depends on what you are being sued for. You can be sued maliciously (meaning that the lawsuit against you is baseless and the defendant knows it but sues anyway) but it could be for something covered by your policy.