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Be a Common Sense Host

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Holidays and special events often include celebrations that bring together families and friends in private homes across the country. Food, fun, talk and spirits flow generously and, unfortunately, so do injuries and accidents. It should not be surprising to hear that increased drinking leads to increases in personal tragedies, but it’s important to be reminded that individuals must be responsible for their actions.

Hosts are very important with regard to any consequences of partying. Hosts are given the credit for the enjoyment that their guests experience at a party. On the dark side, party-givers are also asked to bear partial or full responsibility for guests who cause damage or injury on the way home from a gathering. In other words, they may be sued for contributing to losses caused by alcohol-impaired guests.

Although hosts are often found legally culpable for accidents; the brunt of responsibility has to be faced by the individuals who directly cause a loss. There would have to be strong evidence to support a host being held financially responsible, since any involvement is indirect. For example, Jane provides drinks to Barrie, who then plows into the side of Chris’ car and garage.

While a homeowners policy may offer coverage if a host has substantially contributed to a loss, an insurer may be able to deny a claim for a number of reasons, including:

  • A gathering involves the host making an income
  • The involvement of paid bartenders
  • The party is thrown as a fundraising event
  • A host’s knowledge that the guest was impaired and continued to serve liquor
  • The host failed to make arrangements for impaired guests (designated drivers, taxis, lodging, etc.)
  • Local or state law(s) related to providing alcohol

Hosts who take their responsibility seriously are those who make sure that parties are thrown responsibly, are done as a social (rather than business) event, and that the chances of sending drunken guests on the road are minimized. A good host will make sure that food is available, that a liquor supply under his or her control is cut-off and that impaired friends or relatives are prevented from endangering themselves or others. No celebration should end up with a lawsuit.




Posted On 7/13/2010 4:54:46 PM



Are Fireworks Accidents Covered?

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A longtime, extremely popular summer rite is to enjoy setting off fireworks. However, it’s important to think before striking a match or using a lighter on your first firecracker, sparkler, smoke-bomb or bottle rocket.

For all their fun, fireworks are capable of causing serious injuries to people and substantial damage to property. If you cause a fireworks accident, are you insured? In most instances, if you carry a homeowners policy, you are protected. For instance, imagine you are setting off some fireworks in your driveway for your children and their friends. Suddenly, a sparkler you gave to a neighbor’s child violently flares up, burning her hand and face. Your policy could cover her injuries a couple of ways. If the injuries are minor, her medical treatment could be handled under the Medical Payments portion. However, if the child’s injuries are more serious and her parents sue, your policy’s liability portion should handle your legal defense as well as a legal judgment.

Here’s another example of a loss that could be covered. While setting off some bottle rockets, one smashes through a window of a house across the street. The rocket sets the home’s living room curtains on fire. It then spreads to the carpeting and the room’s furnishings. The neighbor is able to put out the fire with a garden hose, but the result is thousands of dollars in damage caused by fire and water. Your policy should handle this damage.

Coverage Shortfalls

There are instances where your homeowner policy does not offer coverage. If it’s illegal for you to set off fireworks, this legal hurdle could result in any loss being excluded by the policy. Since a homeowner is meant to handle losses related to owning and living in a home, there’s no coverage for a person who uses their home for making, selling, storing or distributing fireworks. Any business activity involving fireworks is going to cause a big problem if a loss occurs.

Injuries to yourself or others in your household are not covered because Medical Payments and Liability coverage is designed to handle loss suffered by persons outside of your household. Also, if the injury was not an accident, there’s no coverage. Playfully tossing a firecracker or aiming a bottle rocket at another person could be considered intentional, even when no injury was intended.

So when dealing with fireworks, make sure they’re legal, that they’re used carefully and only for entertainment. Then your chances are good that any loss may also be covered.



Posted On 6/21/2010 12:00:54 PM



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