Homeowner’s insurance policies can be very advantageous for Washington, D.C. residents. It can protect homeowners from claims brought against them for property damage or bodily injury arising out of their property or tortious conduct. However, insurance companies are notoriously difficult to work with when an incident does occur, because they have an interest in paying as little as possible, and so they often deploy expensive legal teams to reduce their liability. Because of this, Washington, D.C. accident victims who decide to file civil suits against a negligent party may find themselves involved in litigation with the defendant’s insurance company first.
A recent case considering insurance policy provisions in another state highlights the importance of what a policy does and does not cover. According to the court’s written opinion, the insured purchased a homeowner’s insurance policy from his insurance company, which provided coverage for both personal liability and property damage. The policy contained an exception and did not cover the insured if a claim was made against him for damages arising out of a premises owned or rented by the defendant but not insured under the policy. The insured owned a cabin in Maine that was not insured under the policy and was the location of the tragic incident that sparked this lawsuit.
In the summer of 2015, the insured’s two children, along with two of their friends, went to the cabin to celebrate an upcoming birthday. In the cabin, they plugged in the cabin’s small generator the insured kept at the property to charge power tools. They ran this generator inside the cabin without opening any windows or doors, and ultimately all four died of carbon monoxide poisoning.