Exterior House Paint Damage Neighbor's Car, which Insurance Covers It?

[dv8]

Issue resolved but I"m just curious. Kind of a confusing situation... I painted the house (myself) didn't realized the winds brought some of the paint onto a neighbor's car. Assume the paint wasn't able to clean up with standard methods and require professional service to remedy the issue cost exceeding $1k

Which of our insurance would cover the damage or any at all? Home or auto?

 

[insurance1822]

Your home (or renters) liability would kick in. It depends on the state, but it would either be under your liability coverage (which is prob at least $100,000) or your damage to property of others (which is limited at $500.)

He could make a claim on his auto under comprehensive as well...and that carrier may (or may not) subrogate against you at that point.

Same thing happened to me once. I was painting my deck & let my hand (holding the paint tray..) tilt a bit & the paint fell out of the pan....onto the AC compressor that was running..so it then fanned the paint all over the place (it was a townhome.)

 

[dv8]

Your home (or renters) liability would kick in. It depends on the state, but it would either be under your liability coverage (which is prob at least $100,000) or your damage to property of others (which is limited at $500.)

He could make a claim on his auto under comprehensive as well...and that carrier may (or may not) subrogate against you at that point.

Same thing happened to me once. I was painting my deck & let my hand (holding the paint tray..) tilt a bit & the paint fell out of the pan....onto the AC compressor that was running..so it then fanned the paint all over the place (it was a townhome.)

thanks this is good to know,

 

[bistateadjuster]

There are many worst disasters that can wreck houses but luckily, insurance claims are there to aid

 

[InsCommentary]

Damage to the Property of Others varies by carrier. ISO's current limit is $1,000. My HO policy provides $2,500 coverage. Some policies provide less. But the regular liability coverage should apply.

 

[adjusterjack]

There are many worst disasters that can wreck houses but luckily, insurance claims are there to aid

A useless comment on a 4 month old thread by a clueless poster.

 

[djs]

Someday, I'll have an HO-3 policy I can cut and paste out of, but the answers here are wrong. Doesn't mean it won't get paid under the homeowners policy, but damage to a motor vehicle (street use type) is specifically excluded under Personal Liability and/or Med Payments.

Couple that with the fact that you are NOT liable for wind, this could be a tough claim against a homeowners policy. Yes, you are liable for paint and perhaps you should have known better, so maybe you are negligent enough to get it covered, but if you painted then the wind started, then it could be a claim denied. Similar to a tree falling over on a neighbors vehicle in a wind storm. Basically its considered an act of nature.

Dan

 

[adjusterjack]

Someday, I'll have an HO-3 policy I can cut and paste out of

You can have one right now:

http://www.independentagent.com/Education/VU/SiteAssets/Documents/ISO/HO/HO00031000.pdf

damage to a motor vehicle (street use type) is specifically excluded under Personal Liability and/or Med Payments.

Well, it obviously wouldn't be covered under Medical Payments because it's, uh, Medical Payments.

But there is no such exclusion under the Personal Liability coverage for Property Damage Liability. If you are thinking of the Motor Vehicle Liability exclusion under the Personal Liability coverage that has to do with the use and operation of a motor vehicle. OP was not driving his car around his property while painting his house.

The negligent damage to the neighbor's car would certainly be covered by the Liability section.

Couple that with the fact that you are NOT liable for wind, this could be a tough claim against a homeowners policy. Yes, you are liable for paint and perhaps you should have known better, so maybe you are negligent enough to get it covered, but if you painted then the wind started, then it could be a claim denied.

It's actually not that tough a claim. We have the homeowner's own statement:

I painted the house (myself) didn't realized the winds brought some of the paint onto a neighbor's car.

Seems clear that the homeowner was painting while it was windy and didn't even notice that paint was going all over the place and on to the neighbor's car. That would be enough to convince me to pay the claim under the Liability coverage.

After all, the policy does give me three options in the Liability insuring agreement:

Coverage E – Personal Liability
If a claim is made or a suit is brought against an
"insured" for damages because of "bodily injury" or
"property damage" caused by an "occurrence" to
which this coverage applies, we will:
1. Pay up to our limit of liability for the damages
for which an "insured" is legally liable. Damages
include prejudgment interest awarded
against an "insured"; and
2. Provide a defense at our expense by counsel
of our choice, even if the suit is groundless,
false or fraudulent. We may investigate and
settle any claim or suit that we decide is appropriate.
Our duty to settle or defend ends
when our limit of liability for the "occurrence"
has been exhausted by payment of a judgment
or settlement.

 

[djs]

It isn't clear to me that he was painting in the wind or if the wind came up later. If he was painting in the wind, then yes, I agree with you, but, I question how you would paint anything if its that windy. Maybe the car was extremely close by, not my mental picture on this, but probably the case.

The HO-3 policy gives an out for this claim. Yes, you read it as they must be driving, which could the the intent of the exclusion, but if you read the exclusion, there is no such statement. The policy form excludes liability for motor vehicles, the form only requires that the car be eligible to be registered for use on public roads to be excluded. I've always read this to basically imply that the car has its own coverage which should apply in this case.

I used to fight adjusters to cover stuff because they would pull this exclusion out on me. Thats why I knew it was there. House burned, car in the garage, 2 separate claims. Tree falls over due to wind, no coverage for the car it landed on, etc.

Like I mentioned, it could very well be covered, but its not a slam dunk.

 

[adjusterjack]

The policy form excludes liability for motor vehicles,

No, the policy excludes "Motor Vehicle Liability" not liability for motor vehicles. There is a very large distinction and the policy defines "Motor Vehicle Liability" as:

a. Liability for "bodily injury" or "property damage"
arising out of the:
(1) Ownership of such vehicle or craft by an
"insured";
(2) Maintenance, occupancy, operation,
use, loading or unloading of such vehicle
or craft by any person;
(3) Entrustment of such vehicle or craft by
an "insured" to any person;
(4) Failure to supervise or negligent supervision
of any person involving such vehicle
or craft by an "insured"; and
(5) Vicarious liability, whether or not imposed
by law, for the actions of a child
or minor involving such vehicle or craft.

I used to fight adjusters to cover stuff because they would pull this exclusion out on me. Thats why I knew it was there. House burned, car in the garage, 2 separate claims. Tree falls over due to wind, no coverage for the car it landed on, etc.

That's correct.

The HO-3 has two sections.

Section I covers the insured's property but specifies under Property Not Covered that "Motor Vehicles" are not covered unless they are

not required to be registered for use on public
roads or property which are:
(a) Used solely to service an "insured's"
residence; or
(b) Designed to assist the handicapped;

The cars in the garage are not covered, the car hit by a tree is not covered.

The riding lawnmower is covered, the motorized wheelchair is covered, an ATV is covered if it is exempt from registration and used only on the insured's property. A dirt bike would also be covered if it was exempt from registration and used on the insured's property.

Section II covers the insured for negligently causing injury to people or damage to their property arising out of the use and occupancy of his home and his personal liability even away from home. His liability for negligence is the same whether he damages another person's house, another person's TV set, another person's dog, or another person's car, truck, boat, airplane, whatever. He's not covered for any of that when he operates his car and causes injury or damage.