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Walkway Liability…Are you covered?

 Babysitter

So, if your babysitter, mailman, neighbor or anyone else who is not defined as an insured breaks their leg in your home or on your property.  Are they covered?   Well, that’s a good question.  The short answer is maybe. There are two coverage parts under Section II – Liability coverage.  The first part is Coverage E – Personal Liability and the second is Coverage F- Medical Payments to others.   Each claim is investigated to determine negligence.  If the insured is found negligent than coverage may be available under your Personal liability coverage part E or Medical payments to others Part F.

Coverage E Personal Liability  – If a claim is made or a suit is brought against an “insured” for damages because of “bodily injury” or “property damage” caused by an “occurrence” to which this coverage applies, we will:

Coverage E Personal Liability  – If a claim is made or a suit is brought against an “insured” for damages because of “bodily injury” or “property damage” caused by an “occurrence” to which this coverage applies, we will:

1.  Pay up to our limit of liability for the damages for which the “insured” is legally liable.  Damages include pre judgment interest awarded against the “insured”; and

2.  Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent.  We may investigate and settle any claim or suit that we decide is appropriate.  Our duty to settle or defend ends when the amount we pay for damages resulting from the “occurrence” equals our limit of liability.

Coverage F Medical payments To Others:  – Pays the necessary medical expenses that are incurred or medically ascertained within three years from the date of an accident causing “bodily injury.”

1.  To a person on the “insured location” with the permission of an “insured” or

2.  To a person off the “insured location”, if the bodily injury:

 

a. Arises out of a condition on the “insured location” or the ways immediately adjoining;

b. Is caused by the activities of an “insured”;

c. Is caused by a residence employee  in the course of the residence employee’s employment by an insured; or

d. Is caused by an animal owned by or in the care of an “insured

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