Re: Insurance question on hazzards on property

Posted by John T on October 17, 2014 at 08:08:45 from (216.249.72.121):

In Reply to: Insurance question on hazzards on property posted by jocco on October 17, 2014 at 06:17:22:

The thing I remember most when studying insurance law way back years ago in law school was THE CONTRACT RULES AND THE COURTS APPLY STRICT CONSTRUCTION (absent an ambiguity) and adopt the four corners approach, which means in laymens terms ITS WHAT THE CONTRACT SAYS THAT COUNTS and NOTTTTTTTTT what I or some other lawyer say or some laymen on here says that matters or what should or should not be or is covered or not covered...THE CONTRACT LANGUAGE DETERMINES WHATS COVERED AND WHATS NOT COVERED.

That being said and in the defense of the homeowner and to his advantage, the Courts will construe a contract to a certain extent (if ambiguity exists) against the contract writer (insurance company) and in favor of the homeowner. That doctrine has to do with arms length negotiations, i.e. the insurance company with their cadre of lawyers has an advantage over the average homeowner. HOWEVER insurance companies are well aware of all the above and that which favors the homeowner SO THE CONTRACTS ARE WRITTEN TO AVOID SUCH SITUATIONS.

QUESTION So if a tree falls on your house does your insurance cover it???????????

ANSWER Read the contract!!! it will tell if it is or not and it doesn't matter what I or Billy Bob or Bubba say or what their contract says ITS WHAT YOURRRRRRRRRRRRRRRRRR CONTRACT SAYS

QUESTION if a tree on my property falls and damages my neighbors home am I liable for his damages ?????????

ANSWER MAYBE The Defendant has a duty to NOT expose the Plaintiff to a reasonably forseeable risk of injury. RELEVANT FACTS did the tree show damage or problems which would lead a reasonable person to know or should know a wind might topple the tree???????? ie was the Defendant NEGLIGENT

So the answer to your question can ONLY be determined by what YOUR contract says NOT BY WHAT ANY OF OUR CONTRACTS MIGHT SAY...AND PROFESSIONAL OR LAY OPINIONS ARENT WORTH A WHOLE LOT IN THAT DECISION, ITS THE COURTS JOB TO INTERPRET THE CONTRACT SUBJECT TO THE COMMON LAW IN THEIR JURISDICTION. These are not so much FACT questions for a jury or a Judge (tree fell or not and experts might render opinions) as they are LEGAL questions, although, sure, some fact issues my be present for a jury or judge to decide. HOWEVER a jury does NOT decide the law (only facts if in issue) that's a function for the Court.

Dis I mention READ THE CONTRACT not what we say LOL

John T Country Lawyer

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