Question
undefinedWhat is the name of your state?Massachusetts
I received notice yesterday that my Homeowner's Policy will not be renewed because our son "may be named in a suit for a hazing incident". The trial has not even taken place yet and no guilt or innocence has been found yet. Can they do that at this point in time? If so, on what grounds? And if they do, and things turn out for the worse and we are sued, are they still responsible because they were the Insurance Company that we were covered by at the time of the incident?
Answer
undefinedWhat is the name of your state?Massachusetts
I received notice yesterday that my Homeowner's Policy will not be renewed because our son "may be named in a suit for a hazing incident". The trial has not even taken place yet and no guilt or innocence has been found yet. Can they do that at this point in time?
MY RESPONSE: Yes. An insurance company, like any company, doesn't have to do business with you if they don't want to.
If so, on what grounds?
MY RESPONSE: See above response. If the insurance company sees your family as being too high of a risk to insure, then they can, and will, discontinue coverage beginning with the expiration of the current period of coverage, and refuse to renew the policy for the next coverage period.
And if they do, and things turn out for the worse and we are sued, are they still responsible because they were the Insurance Company that we were covered by at the time of the incident?
MY RESPONSE: Normally, yes. However, it all depends on the allegations in the potential lawsuit. If negligence is alleged, then yes, your insurance company is obligated to defend your son, and pay any damages based upon negligence that may be awarded. However, if any of the allegations include a demand for Punitive Damages, and that type of damage is awarded to the Plaintiff, then it's YOU and your son who will be obligated to pay those damages out of your own pocket. Insurance companies DO NOT pay, nor are they obligated to pay, damages based upon "intentional torts."
Good luck. You and your son are going to need it.
IAAL