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Liability insurance question regarding skiing

post #1 of 25
Thread Starter 

I hope I (or my family) is never involved in a ski accident - but my home mountain does have a lot of people and ski accidents do happen. And sometimes, lawsuits are a result of the accidents.

 

I'm wondering if my homeowners insurance will cover any claims if I'm sued as the result of a ski accident. Or do I need another type of insurance policy to protect my assets.

post #2 of 25
I would read your homeowner policy very carefully and discuss with your insurance agent. Depending on your assets, you may want to consider an umbrella policy as well.
post #3 of 25
We have an umbrella policy. They are pretty cheap add-ons to your existing policy.
post #4 of 25
You can't depend on either home or auto insurance to protect your assets from liabilty mishaps. Umbrella policies are relatively affordable for the level of coverage they can provide and are a good idea, especially if you have significant assets.
post #5 of 25
Quote:
Originally Posted by Crystal Mtn View Post
 

I hope I (or my family) is never involved in a ski accident - but my home mountain does have a lot of people and ski accidents do happen. And sometimes, lawsuits are a result of the accidents.

 

I'm wondering if my homeowners insurance will cover any claims if I'm sued as the result of a ski accident. Or do I need another type of insurance policy to protect my assets.


If you have home owners in Oregon it's law that you are covered.

post #6 of 25
Quote:
Originally Posted by Jacques View Post

Quote:
Originally Posted by Crystal Mtn View Post

 
I hope I (or my family) is never involved in a ski accident - but my home mountain does have a lot of people and ski accidents do happen. And sometimes, lawsuits are a result of the accidents.

I'm wondering if my homeowners insurance will cover any claims if I'm sued as the result of a ski accident. Or do I need another type of insurance policy to protect my assets.


If you have home owners in Oregon it's law that you are covered.

Really??? So, if you don't have an "umbrella" policy, and you've got not only the house, but another $4 million sitting in stocks and bonds, those assets are covered? Sounds a bit unlikely, Jacques.
post #7 of 25
Quote:
Originally Posted by sibhusky View Post
 
Quote:
Originally Posted by Jacques View Post
 
Quote:
Originally Posted by Crystal Mtn View Post

 
I hope I (or my family) is never involved in a ski accident - but my home mountain does have a lot of people and ski accidents do happen. And sometimes, lawsuits are a result of the accidents.

I'm wondering if my homeowners insurance will cover any claims if I'm sued as the result of a ski accident. Or do I need another type of insurance policy to protect my assets.


If you have home owners in Oregon it's law that you are covered.

Really??? So, if you don't have an "umbrella" policy, and you've got not only the house, but another $4 million sitting in stocks and bonds, those assets are covered? Sounds a bit unlikely, Jacques.


I don't have any money.  Just a home.  In Oregon it is true.  Trust me.  I found out.

post #8 of 25
Quote:
Originally Posted by Jacques View Post

Quote:
Originally Posted by sibhusky View Post

 
Quote:
Originally Posted by Jacques View Post

 
Quote:
Originally Posted by Crystal Mtn View Post

 

I hope I (or my family) is never involved in a ski accident - but my home mountain does have a lot of people and ski accidents do happen. And sometimes, lawsuits are a result of the accidents.


I'm wondering if my homeowners insurance will cover any claims if I'm sued as the result of a ski accident. Or do I need another type of insurance policy to protect my assets.



If you have home owners in Oregon it's law that you are covered.


Really??? So, if you don't have an "umbrella" policy, and you've got not only the house, but another $4 million sitting in stocks and bonds, those assets are covered? Sounds a bit unlikely, Jacques.


I don't have any money.  Just a home.  In Oregon it is true.  Trust me.  I found out.

I would think your coverage is up to the value of your home, but not other assets. I'd like to see where it says your coverage is higher. You could slam into someone on the slopes, get a jury award against you of millions of dollars. You might keep your house because of your homeowner's, but I doubt anything else is covered. We've had at least four different homeowner's policies in three different states and always had umbrella coverage for those types of problems.

From Oregon's consumer guide:
Quote:
Part II: Liability protection
• Personal liability: Your policy provides
personal liability coverage against a claim or
lawsuit resulting from bodily injury or property
damage to others caused by an accident on
your property or as a result of your personal
activities anywhere. No coverage applies for auto,
watercraft, aircraft, or business-related incidents.
The policy extends to you and all family
members who live with you.
• Personal umbrella policy: A separate personal
umbrella policy can be purchased to provide
extra liability protection. The umbrella will
provide excess limits over the coverage in your
homeowner policy and also can be written to
extend over your auto policy.
An umbrella policy
will start paying when your regular homeowner
policy’s liability limits are exhausted. For
example, a friend is seriously injured while
jumping on a trampoline in your back yard. The
friend sues for damages. The amount of damage
exceeds the homeowner policy’s liability limits.
A personal umbrella policy would provide
additional protection if no exclusion applied.
• Watercraft liability can be obtained on a very
limited basis on your homeowner policy. If you
own boats or personal watercraft, a separate
watercraft policy should be purchased.
post #9 of 25
The liabilty part of your homeowners insurance is not dependent on the value of your home.
post #10 of 25
Quote:
Originally Posted by Coach13 View Post

The liabilty part of your homeowners insurance is not dependent on the value of your home.

Right, it's based on the amount of coverage you purchased. Which may or may not equal the value or replacement cost of your home, except the bank usually wants you to have coverage at least equal to what you owe them.

Umbrella coverage is an adder to your underlying auto OR home coverage, that for very little coverage ups all the liability coverages on those policies. One umbrella policy will cover both auto and home insurances, rather than upping the coverage limits on each of those.

More on the topic:
Quote:
Liability Insurance
Liability insurance compensates for two things:
Medical payments to others. This pays the medical bills of people from outside your household who are accidentally injured while on your property or by you or a household member, including a pet, whether on your property or elsewhere.
Personal liability. If you're sued, this covers both your legal fees and any amounts a court orders you to pay to someone who was injured or whose property was damaged by someone in your household (human or animal). (For more information on your liability for injuries caused by your pets, see Nolo's article Dog Bites: When Is an Owner Liable?)
Standard homeowners' policies traditionally provide around $100,000 in liability coverage. You can easily imagine how someone's medical bills could top that amount, and if you're sued you could end up paying even more. Rather than putting your house at risk of being sold to pay a court judgment, make sure your liability coverage is at a realistic level -- between $500,000 and $1 million.

Edited by sibhusky - 9/13/15 at 6:29pm
post #11 of 25
Thread Starter 

I'm not concerned about the difference between standard homeowners insurance and umbrella insurance. I get that. My homeowners liability insurance covers up to $300,000 in liability.

 

What I'm wondering about - would homeowners / umbrella insurance cover a ski accident? Is this the right insurance to provide coverage in cases someone sues me for negligence in a ski accident? Or is there a different kind of insurance that I need.

post #12 of 25
Quote:
Originally Posted by Crystal Mtn View Post

I'm not concerned about the difference between standard homeowners insurance and umbrella insurance. I get that. My homeowners liability insurance covers up to $300,000 in liability.

What I'm wondering about - would homeowners / umbrella insurance cover a ski accident? Is this the right insurance to provide coverage in cases someone sues me for negligence in a ski accident? Or is there a different kind of insurance that I need.

I can't speak for your homeowners but the umbrella policy, also widely known as a personally lisbility policy, would cover you.
post #13 of 25

@sibhusky   Thanks for the good info.  We have extra for my wife who works in schools.  Not sure if that covers me too.  Time to talk to my agent!

 

Anyway the first post I made here, and the reason I joined is why I did get sued.   I still suffer from PTSD from that.

 

It had to do with the skiers code.  Always stop where you can be seen from above.  Stop in a safe place for you and others.  Always stop on the side of the trail etc. 

 

I found out that doesn't mean a thing.  Therefore it should be removed from the code.

post #14 of 25
It would cover up to the $300k. Over that's on you and it's pretty dam easy to go over.
I never worried about ski accidents.
I already had horses, pool w/diving board and a trampoline, with tons of yard apes jumping off shit.
Umbrella's are relatively cheap.
post #15 of 25
Quote:
Originally Posted by SHREDHEAD View Post

It would cover up to the $300k. Over that's on you and it's pretty dam easy to go over.
I never worried about ski accidents.
I already had horses, pool w/diving board and a trampoline, with tons of yard apes jumping off shit.
Umbrella's are relatively cheap.


 Time for humor.  Umbrellas can be real cheep!

post #16 of 25

Your homeowner's should cover you up to the liability limit--300K in the case of the OP. More importantly, they will also pay the cost of defense, which means you don't have to pay a lawyer to get the case dismissed under the theory of assumed liability/inherent risk. You would likely not be covered for a deliberate act--deliberately running someone down. If you were found negligent in a ski accident it is certainly possible that the amount would exceed 300K so if you have substantial assets to protect then an umbrella policy would be wise. If you've got a house with a mortgage, a car with a loan, and a couple thousand in the bank, I wouldn't worry about it. You can't get blood from a stone and in cases where the defendant is not wealthy the plaintiff will often accept a settlement at the level of the policy limit. Note that your chances of being sued successfully for a ski accident are extremely small--given that you're asking about insurance you don't seem like the kind of person who straightlines through a crowd or takes people out for the fun of it. 

 

Insurance does vary state by state. Read the policy.

 

If you do have the kind of assets that need protecting I would get an umbrella policy, not for skiing but for driving or for the mailman mauled by your dog. Umbrella policies do cover some things that your homeowner's might not--libel and slander for example. Again--you have to read the policies.

 

I'm a graduate of the Google School of Law.

post #17 of 25

I lived back east for 15 years and had homeowner and then umbrella on top of that when I started fostering rescue dogs. Never had to use any of it, thankfully.

 

In California now, and have homeowner and umbrella policies, but this thread got me thinking, as I started them a few years ago, and haven't really thought about them since. I will say I was surprised to read above about homeowner liability extending to activities/accidents outside the home/lot, (such as skiing), as that was never my understanding. Umbrella policy hopefully for that.

 

But then I just spent 30 minutes on the phone with my insurance company trying to get answers to basic questions regarding homeowner and umbrella liability coverage - what is and what is not covered - thinking about skiing and dogs, specifically - and I got bounced to three different parties in different departments, none of whom could/would provide any answers. I'm digging up and reviewing policy statements/declarations I might have, and also reviewing a Personal Umbrella Policy "Jacket" sent by a customer service rep that spells out coverages and exclusions. If necessary I'll head into a local office and sit down with an agent and hammer it out till I get what I'm looking for.

 

Oregon may require coverage apply outside the home environment, but then they let you die when you want to. But then they also won't let you pump your own gas. Oregon's so confusing.

 

Bottom line - don't assume anything, make sure it's in writing and you have a copy.


Edited by jc-ski - 9/21/15 at 2:06pm
post #18 of 25

Here it is, in writing....

2b would cover something like a skiing accident where another skier got injured, 2d would cover something involving our dogs.

 

That's from my homeowner policy, the liability limits of which would be supplemented by my umbrella policy.

 

I'm with AAA in California - YMMV.

post #19 of 25
JC: your policy only covers medical costs. Given the litigious culture in the States, most people would also claim for other losses, such as loss of income.
post #20 of 25
Plus what if you slam into someone, they leave the trail, go over a cliff or hit a tree and die? The family will really go after you. This stuff happens.
post #21 of 25
 
Originally Posted by joe strummer View Post

JC: your policy only covers medical costs. Given the litigious culture in the States, most people would also claim for other losses, such as loss of income.

 

Originally Posted by sibhusky View Post

Plus what if you slam into someone, they leave the trail, go over a cliff or hit a tree and die? The family will really go after you. This stuff happens.

 

Good points, both. After I posted above I was also wondering about pain and suffering, etc  - in the event of a lawsuit other stuff that could go beyond straightforward medical costs.

 

Need further review of my policies to see what if any of that would be covered. If not, what's the answer, insurance-wise?

post #22 of 25
Slow down and buy an umbrella policy.
post #23 of 25
Quote:
Originally Posted by joe strummer View Post

JC: your policy only covers medical costs. Given the litigious culture in the States, most people would also claim for other losses, such as loss of income.

No--he only posted the section on medical costs. He would have to review and post the other pertinent sections of the policy, but I'm pretty sure the policy will cover nonmedical costs for anything covered for medical costs. There should also be an exclusions section--my homeowners specifically excludes actions arising out of one's job or profession for example, intentional acts, etc.

post #24 of 25
Quote:
Originally Posted by oldgoat View Post
 

No--he only posted the section on medical costs. He would have to review and post the other pertinent sections of the policy, but I'm pretty sure the policy will cover nonmedical costs for anything covered for medical costs. There should also be an exclusions section--my homeowners specifically excludes actions arising out of one's job or profession for example, intentional acts, etc.

 

The OG has it! This more complete section from my homeowner policy should clear things up a bit...

 

 

Coverage E takes care of things that might result from my being sued - representation, loss of income, pain and suffering, etc. And yes there's an exclusions section too.

 
Originally Posted by sibhusky View Post

Slow down and buy an umbrella policy.

 

Note to self: Add to file of potentially great movie scenes - parent giving child advice with last breath. Of course it will be ignored.

post #25 of 25
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