In one of the highest profile legal trials we have seen in years, Amber Heard’s legal fees are being paid for by her insurance company.
Most homeowner’s insurance policies will cover Personal Injury offenses, here are a few examples:
- False arrest, detention or imprisonment or malicious prosecution.
- Libel, slander or defamation of character.
- Invasion of privacy, wrongful eviction or wrongful entry.
This high-profile case is no different than other defamation cases where the homeowner’s insurance will pay to defend you but will not pay if the other party prevails and judgment is made against you. Defamation is probably the most common Personal Injury offense paid for by homeowners insurance.
Here’s an example of unlawful detention or imprisonment. Recently a client of ours called to ask advice about a small backing accident their daughter had been involved in. She was in a parking lot and some other teenage boys parked their car behind her, exited the car and were teasing and intimidating the girls essentially “detaining” her from being able to leave. It was all in fun with this group of teenagers until our client’s daughter backed into the other party’s BMW. Our client’s daughter was of course at fault in the backing accident but in talking through the incident with our client we advised that an unlawful detention had also occurred and they could call the police and report the incident and also report it to their insurance company. Here’s the Utah statute against unlawful detention: Utah Code Section 76-5-304 Our client took the high road, paid the damage to the other party out of pocket and moved on. This however is another example of what could be a claim under your homeowners insurance Personal Injury coverage.
Check your policy to make sure you have this coverage, its optional and has to be endorsed with certain policies. The ISO form for this coverage is HO 24 82 04 91 and can vary by company. Exclusions also apply.
And if you have any questions regarding homeowners and Personal Injury coverage, don’t hesitate to reach out to us at Anderson Insurance Group.