My question is a law firm has sent a letter stating, “This accident resulted in huge damages likely in excess of the event rider. Please indicate if the ............... has any general liability or commercial policy in addition to the policy taken out for the event or have your carrier contact me. I am hopeful that this matter can be resolved professionally without resort to litigation of having to name your organization or members personally. Please call with any questions". End of letter
So can anyone explain what this attorney is saying? I am really not clear. I did inform or GL carrier of the injury before any claim was made and they did investigate and say they will not pay any claim, (not in those words) but that they were not liable for the injuries.
I did edit the post as recomended, Thank You for letting me know too...
HELP...Waiver, Rider, GL Policy, ??
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islandgirlb
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HELP...Waiver, Rider, GL Policy, ??
Last edited by islandgirlb on Tue Jul 10, 2012 1:33 pm, edited 3 times in total.
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jimmyr1978
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Re: HELP...Waiver, Rider, GL Policy, alot of ???s..HELP
First, do NOT post any documents here. This is discoverable, so you do not want anything to turn up in court that is not specifically requested through the legal system.
Second, it appears that the claimant's attorney believes that they will exhaust the Demolition Derby's primary limits (most likely $1 million), and pursue damages against the property owner for damages excess of those limits. There could be a scenario where the property owners share in the loss.
The most important thing is to get the letter to the property owner's insurance company, along with any other pertinent information (signed waivers, certificates of insurance, etc.). There may be defense provided, even if the property owner's insurance company has already stated theyw will be denying the claim. You may request a Reservation of Rights, which means that the insurance company will defend you while they research if they should be involved in the claim.
If the insurance company declines to defend, you need to hire an attorney to defend you. This sounds like a serious matter that will require counsel - the sooner, the better. Hopefully, this is just a "fishing expedition" by the claimant's attorney, but given the circumstances, do not proceed on your own.
Second, it appears that the claimant's attorney believes that they will exhaust the Demolition Derby's primary limits (most likely $1 million), and pursue damages against the property owner for damages excess of those limits. There could be a scenario where the property owners share in the loss.
The most important thing is to get the letter to the property owner's insurance company, along with any other pertinent information (signed waivers, certificates of insurance, etc.). There may be defense provided, even if the property owner's insurance company has already stated theyw will be denying the claim. You may request a Reservation of Rights, which means that the insurance company will defend you while they research if they should be involved in the claim.
If the insurance company declines to defend, you need to hire an attorney to defend you. This sounds like a serious matter that will require counsel - the sooner, the better. Hopefully, this is just a "fishing expedition" by the claimant's attorney, but given the circumstances, do not proceed on your own.