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Liability Coverage for Insured's Bodily Injury/Property Damage #27

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coverageguy opened this issue Jun 5, 2018 · 2 comments
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@coverageguy
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The liability section opens with: This policy protects you if someone claims you’ve caused them bodily injury or property damage.

This is put into really clear layman's terms, but "What's not covered" really should lead with something to the effect of "We don't cover for your bodily injury or damage to your property, or for that of any other insured." If Brian accidentally trips his wife while she's playing TwoDots and she falls breaking her wrist and her phone, can she claim for her phone? Her wrist? At present, there's no reason she couldn't--after all, this policy protects when "someone" claims you've caused them bodily injury or property damage. Likewise, if Dave drops an InstaPot of chili on his foot causing a severe burn and breaking his InstaPot, what stops him from making a claim against his policy when his negligence causes him bodily injury and property damage?

You might think, "Sure, we'll see a claim for scratching the landlord's floor, but no way would someone report a claim for their own bodily injury or property damage! That's just not what liability insurance is for." It happens.

@ckvo
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ckvo commented Jun 7, 2018

@coverageguy Great suggestion. We actually have seen a few claims like this filed to date so agree this is a good clarification to include.
What do you think about including something to the effect of "We don't cover bodily injury to you or anyone listed on the policy"? I fear that by specifying that "we don't cover damage to your property", it may confuse readers given that there are provisions for such coverage under the policy - just not under the 'liability' section of the policy.

@coverageguy
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"We don't cover bodily injury to you or anyone listed on the policy" is a nice clear way to address first party bodily injury and I’d use it, but you’ll still need another exclusion addressing first party property damage in a clear way. Without an exclusion, Brian’s wife in the scenario above can make a liability claim and collect for her broken phone, even though coverage for her broken wrist can be disclaimed.

If I were explaining why liability coverage wouldn’t exist for an insured’s own property damage in the most simple terms, I’d start with explaining how a person can’t be legally liable to him/herself and coverage is intended to protect from claims or lawsuits where others allege you’ve caused them bodily injury or property damage, but it’s tricker to explain in writing when you can’t read the level of understanding from the other side.

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