Akron, OH asked in Personal Injury for Ohio

Q: I went to a rental property and was assaulted by the renter - can I sue her renters's insurance?

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2 Lawyer Answers

Adam Michael Russell

  • Covington, KY
  • Licensed in Ohio

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.

Matthew S Flemming

  • Cleveland, OH
  • Licensed in Ohio

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.

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