Q: I went to a rental property and was assaulted by the renter - can I sue her renters's insurance?
A: If you decided to file a lawsuit, it would need to be against the renter who assaulted you as the bad actor and as the named defendant. Her insurance policy may or may not cover this type of incident - it depends on the policy language. An assault is usually an intentional act, and most insurance policies provide coverage for certain types of accidents, but exclude intentional acts. In sum, yes you can bring a claim, but it may be difficult finding insurance coverage.
A:
You don't sue a person's insurance, you sue the person and the company can indemnify (pay on their behalf) in certain circumstances.
Unfortunately, a criminal or intentional action is one of the circumstances where typically insurance will not cover or indemnify its insured. Most likely the claim would not be covered.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
