A form HO 00 03 10 00 homeowners insured and her neighbor share a common driveway that runs between their two houses. Not long ago, the neighbor undertook to have the drive paved with blacktop. More recently, the insured had some remodeling done on her property and one or more of the contractors did damage with their vehicles to the common driveway. The neighbor is not pleased and wants our insured to pay for the repairs.
We have presented the liability claim to the homeowners insurer but they decline to cover the loss. What do you recommend?
Minnesota Subscriber
Call for recovery under section I of the policy as damage by vehicles to other structures on the premises. That will only cover the part of the drive owned by the insured but if the neighbor also has broad named perils or open perils homeowners coverage, he or she can do the same. Your insured might offer to reimburse the neighbor for any deductible owed.
Your insured may have acquired a liability to her neighbor with her invitation to contractors to come onto the premises with their vehicles. But, the avenue to recovery under homeowners liability coverage is cut off by the exclusion of damage to property owned or used by the insured. She owns half of the drive and uses the other half. (The motor vehicle exclusion, on the other hand, may not be useful in denial. It applies to vehicles owned or operated by or rented or used by the insured and it is not certain that any of those verbs sufficiently describes a situation in which another is using his vehicle in the insured's behalf or with the insured's acquiescence.) Also, the $500 coverage that applies to damage to “property of others” (without regard to the insured's liability) is ruled out by its own motor vehicle exclusion.
Both parties (or their insurers) are also free, of course, to seek any redress from the contractors that might be available to them, either privately or through the courts.
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