Damage Caused by an Insured?

A part-time residence employee, while edging a yard, flipped a stone up that broke the window of his own pickup. We think this is covered under the Texas homeowners form B, section II, additional coverage 3, damage to property of others. The coverage does not state that the damage must be caused personally by the insured, so we think that the act of the residence employee should be the same as an act of the insured in this case, and so covered.

The insurance carrier disagrees. What do you think?

Texas Subscriber

There is coverage, as found in the section II, additional coverage, damage to property of others. Certainly a residence employee can qualify as an “other.” Further, a residence employee is not an insured, so there is no question of an insured being liable against him or herself.

The insured's part in “causing” the damage was in setting the residence employee to edge the yard. The act was not caused intentionally, nor did it arise out of a business engaged in by the insured. The damage did not arise out of the ownership, maintenance, or use of a motor vehicle; rather, the damage was done to the motor vehicle.

Had the residence employee inadvertently flipped the stone into a neighbor's picture window, breaking it, the same scenario would apply. The neighbor would be the “other.” Remember, this coverage does not depend upon proving negligence to attach.

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