Question

How do the two coverages provided under Section II of the home owners policy differ concerning who is covered and whether legal liability must be established for the coverage to respond?

Answer 1

Coverages Provided under Section II of the Home Owners Policy:

1. Coverage E (Personal Liability): coverage in the event a suit is brought against the insured because of bodily injury and/or property damage resulting from the acts or non-acts of the insured. Also covers the insured’s spouse, relatives of either, and others under age 21 under the insured’s care. Just about any personal act is insured. For example, if the insured lives in Shreveport, Louisiana, and hits someone with a tennis ball in a game in Hong Kong, the insured is covered against a possible lawsuit. The insurance company must also pay for the costs of defending the insured, even if a suit has no reasonable basis. Defense costs are separate and in addition to the limits of liability in the policy. For example, if the limits of the policy are $100,000 and the defense costs are $200,000, the insurance company could have to pay a total of $300,000 on behalf of the insured. Once the insurance company pays the $100,000 limit in the policy, the insurance company’s obligation to defend the insured any further ends. The basic liability limits are $100,000-the minimum amount stipulated in the policy. (For a relatively few dollars these limits can be increased substantially.)
2. Coverage F (Medical Payments to Others): coverage for reimbursement of reasonable medical expenses incurred (a) by the insured (and individuals as defined in Coverage E, above); and (b) for injuries sustained by a third party either on or off of the insured’s premises as a result of the activities of the insured and others covered. This is called “Good Samaritan Coverage” because by providing emergency medical expenses of an injured third party, the insured does not admit liability, nor does the injured third party relinquish his or her right to bring suit against the insured by accepting the medical aid.
3. Coverage G (Damage to Property of Others): as with Coverage F, the insured is reimbursed for expenses incurred up to $250 regardless of legal liability for damage to the property of a third party. The insured and covered residents of the household make payment out of a feeling of moral responsibility for the damage to the property, which may have the result of a liability suit not being brought.