Hi, I have a fairly specific question regarding umbrella insurance coverage. I’d be grateful for any insight from those here. I did take a look through the sub but didn’t find much.
I have an umbrella policy that covers my immediate family and I. I also have a very mentally ill estranged parent who has been stalking me for over a decade. Part of her behaviors include being very litigious, threatening to sue people for perceived slights and dragging out any existing court matters.
For example – she has had an active divorce case for over 10 years with multiple lawyers, trial judgments, multiple appeals. She refuses to accept the verdict and has spent an ungodly sum to force her ex back into court. She also threatens to sue members of the extended family who associate with me (due to my cutting contact with her). I only mention this because while she has no standing to sue for visitation in our state, her behavior isn’t necessarily rational and she may try anyway. I’m mainly concerned about the financial implications of potentially being dragged through court.
If hypothetically she were to try to sue me or my spouse for grandparent visitation, would the legal defense be covered under our umbrella policy? I’ve examined our policy in detail, as well as information on umbrella policies in general, but can find very little that pertains directly to this.
Information I have found says that being personally sued can be covered, such as if she were to try and sue for emotional distress I assume. But if she were to try to sue us for visitation or custody, from what I understand that goes through family court which I haven’t seen mentioned anywhere.
I do also plan to check with an attorney, but was curious to see if anyone has experience with this first. TIA for any insight.
Umbrella Coverage in Family Court
byu/PricePuzzleheaded835 inInsurance
Posted by PricePuzzleheaded835
3 Comments
I don’t deal with umbrellas very often at all, but I would imagine that it does not cover items not covered by your primary policy. So easy to rule out Auto. Looking at your homeowner’s policy, things such as slander and libel might be covered, but I don’t see visitation as a covered peril. I also don’t see being sued for distress as a covered peril either because in most places for mental anguish to apply, there has to be some type of underlying injury.
Hmmm, first, I’d consider if this would be covered under your homeowner’s policy. Do you carry a Personal Injury endorsement? If not, I’d consider looking into it. This may be considered malicious prosecution, which this endorsement would cover.
The answer is NO. A personal umbrella is added liability protection over and above the limits of liability contained in your home, auto or other property policies. It simply provides higher limits of liability. It only responds once the limits of underlying policies have been exhausted. Such coverage is designed only to provide DEFENSE and INDEMNITY in situations where you are legally liability for (1) bodily injury, (2) property damage or (3) personal injury claims…. (Personal injury includes things like liable, slander and defamation of character).
Such coverage only responds to DEFEND you, and not in the offensive. It’s not going to help you to sue someone…. Good luck.