Broken Jaw -- personal injury question

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Latest post 10-24-2010 7:28 PM by adjuster jack. 4 replies.
  • 10-19-2010 5:47 PM

    • ggbacks1
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    Broken Jaw -- personal injury question

    This may be difficult to clarify. However, I was a victim of an aggravated assault charge in Amherst, MA. I had my jaw broken as had my mouth wired shut for over 8 weeks. My question is this: Currently, we're still in talks of the criminal law, and I'm without a doubt going to file a civil lawsuit. If the defendant, who happens to be 20, is living at home and claimed as a dependent; am I able to sue and obtain a judgement under home owners insurance as long as he is not convicted? (I.E - Continuation without a finding?). Thanks

  • 10-19-2010 6:06 PM In reply to

    Re: Broken Jaw -- personal injury question

    ggbacks1:
    This may be difficult to clarify.

    Not difficult to clarify at all.

    ggbacks1:
    If the defendant, who happens to be 20, is living at home and claimed as a dependent; am I able to sue and obtain a judgement under home owners insurance as long as he is not convicted?
     

    You can certain sue and probably win a judgment.

    But (whether he's convicted or not) it isn't likely to be paid for under the family homeowner policy.

    Homeowners liability coverage contains the following exclusion:

    • Expected Or Intended Injury
    • "Bodily injury" or "property damage" which is expected or intended by an "insured" even if the resulting "bodily injury" or "property damage":
    •           a.  Is of a different kind, quality or degree than initially expected or intended; or
    •           b.  Is sustained by a different person, entity, real or personal property, than initially expected or intended.

    It's likely that the homeowner insurance company will just deny coverage and leave the 20 year old on his own.

    However, judgments in MA are enforceable for 20 years, so he will have it hanging over his head for a long, long time and some day he might have to face up to it, or file bankruptcy and dispose of the debt.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-20-2010 7:45 PM In reply to

    • ggbacks1
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    • RI
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    Re: Broken Jaw -- personal injury question

    However, the aggravated assault occurred when the defendant was intoxicated. Am I still not able to prove "intent" and perhaps then collect?

  • 10-24-2010 6:14 PM In reply to

    • cbg
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    • Joined on 12-21-2000
    • MA
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    Re: Broken Jaw -- personal injury question

    If you mean, collect under the homeowners policy, no. The fact that he was intoxicated does not magically make it a viable claim under the policy.

    I'm not saying you can't sue; I'm not saying you can't win; I'm not saying you can't eventually collect. I'm saying that you cannot collect under the homeowner's policy, now or ever.

  • 10-24-2010 7:28 PM In reply to

    Re: Broken Jaw -- personal injury question

    ggbacks1:

    However, the aggravated assault occurred when the defendant was intoxicated. Am I still not able to prove "intent" and perhaps then collect?

    Would have helped if you hadn't left out that important little detail because it could make a big difference in whether or not the injury would be excluded from the defendant's liability coverage.

    cbg:
    I'm saying that you cannot collect under the homeowner's policy, now or ever.

    That kind of absolute statement is 100% wrong.

    Here are a couple of research results that indicate that a decision as to coverage could go either way depending on the circumstances. Even the courts seem to disagree.

    http://caselaw.findlaw.com/nv-supreme-court/1417345.html

    http://books.google.com/books?id=-lsNtsSbyUEC&pg=PT147&lpg=PT147&dq=liability+insurance+intentional+act+intoxication&source=bl&ots=e6A2QHl47U&sig=b-q4l7Mg0dZ6zIwd0Z0QHPGB-lk&hl=en&ei=O77ETJ28LpKgsQPzqryYDA&sa=X&oi=book_result&ct=result&resnum=7&ved=0CDAQ6AEwBg#v=onepage&q=liability%20insurance%20intentional%20act%20intoxication&f=false

    http://www.kenneyconley.com/CM/Articles/Intentional-Acts-Exclusions-to-Liability-Insurance-Coverage-in-Massachusetts-Personal-Injury-Claims.asp

    There is probably a lot more on the subject if you google it, go to a law library, or consult a personal injury attorney.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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