Question
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.
Answer
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.
Answer
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.
Answer
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.