Asked in Personal Injury for North Carolina

Q: My daughter passed away in North Carolina Charlotte at her boyfriend's house. Would the homeowners INS.

Homeowners insurance cover this she died of an overdose

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2 Lawyer Answers
Mr. Douglas A. Petho
Mr. Douglas A. Petho
Answered
  • Charlotte, NC
  • Licensed in North Carolina

A: In order to have a claim under homeowners insurance you would have to show negligence to make a claim under the liability coverage. Homeowners policies often have medical payments coverage that covers medical bills for injuries arising on the property, but I don’t frankly know whether it would apply to the situation.

Stephen Arnold Black
Stephen Arnold Black
Answered

A: I just finished a case exactly like this! The answer is it depends. If your daughter was visiting as opposed to living there the claim would be far stronger. Why? Because Insurance companies have resident exclusions to avoid cross liability between resident relatives. Secondly, the strongest theory and the theory we won our case on was that there was a delay in calling ER paramedics. Even if that delay was not that long, the Insurance company would still be exposed. Thirdly, then there's the question of whether there is coverage. Almost all leasing agents now a days require renters to have coverage and the management company is listed on the insurance policy as a beneficiary and is included in the monthly rental price. If the boyfriend owned a home, then there would likely be coverage. Out of state counsel can represent you per the pro hac vice rules. We cannot solicit your case per Justia policy, but you can research our backgrounds and reach out to one of us.

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