IF ICE FALLS OFF MY

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Posted: Fri Feb 06, 2009 11:59 am Post subject:

Quote:

So you are saying if it happens once the persons own insurance would have to cover it (the one with the damage) and after that if it happens again the owner of the house where the ice slid off would be responsible?

no i'm saying the first time the carrier would likely deny any negligence by their insured but if it happened again, the insured knows there is a clear and present danger and would be negligent if it happened again.

Quote:

Which brings me to wonder if rates are higher on insurance for those types of houses.

I don't know that either but it makes perfect sense to me...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.

Lori

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Posted: Sat Feb 07, 2009 1:53 am Post subject:

Thats what I was thinking. There definatley would be alot more danger. So if the other person was considered negligent would they not have to pay some or all of the bill? Maybe I am misunderstanding.

fireyone

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Posted: Sat Feb 07, 2009 12:06 pm Post subject:

Quote:

So if the other person was considered negligent would they not have to pay some or all of the bill? Maybe I am misunderstanding.

If the insured is negligent, then their liability coverage (homeowners policy) would pay for the damage they caused another...the would most likely not be considered liable or negligent for this first occurance because they didn't know there was a problem...nor should they have known...but they do know now...same as a dead tree, or what 'used to be' considered with dogs, ''the first bite is free'' (not anymore but that used to be the way those claims were handled too) if you don't know or had no reason to 'think' there was a danger then you are not negligent...once is occurs though you have the knowledge of this danger are would be negligent therefore liable for any damages if it happens again.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.

Lori

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Joined: 10 Sep 2007
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Location: Missouri
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Posted: Sat Feb 07, 2009 9:57 pm Post subject:

Thats what I thought you meant. Sometimes this old head is so full I can not even get the simlpest things to register.