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Homeowners Insurance, accidental death in home

Posted on 5/29/25 at 2:22 pm
Posted by lgtiger
LA
Member since May 2005
1441 posts
Posted on 5/29/25 at 2:22 pm
If a family member (residing in that home) falls and passes away from injury, does homeowners insurance offer any benefits ?
Posted by SidetrackSilvera
Member since Nov 2012
2658 posts
Posted on 5/29/25 at 2:25 pm to
Their survivors can sue you for premises liability and your insurance may indemnify you for liability up to your insurance limits.
Posted by Chad504boy
4 posts
Member since Feb 2005
175783 posts
Posted on 5/29/25 at 2:30 pm to
quote:

If a family member (residing in that home)


interesting. what is the relation of deceased to policy holder? Does that member have any interest in home?
Posted by TDsngumbo
Member since Oct 2011
48940 posts
Posted on 5/29/25 at 2:39 pm to
If the person isn't a named insured on the policy, then of course the liability portion of the policy would pay out, and likely pay out the entire limit if the homeowner was liable in some way.

Liability claims on homeowners policies are often the biggest claim the policy will ever pay out and if the deceased's death was caused by injuries that occurred on the property, then I'd say the family is in for a payout.

One caveat here: if the deceased was paying rent to live there. Sometimes there could be no coverage at all if money was exchanged in return for them living there since the insurance company could make the argument that the homeowner was running a rental business out of the home without the proper coverage. It just truly depends on what type of coverage the homeowner has/had at the time of the initial injury.
This post was edited on 5/29/25 at 2:43 pm
Posted by kengel2
Team Gun
Member since Mar 2004
33474 posts
Posted on 5/29/25 at 3:06 pm to
quote:

lgtiger


What happened?
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
9139 posts
Posted on 5/29/25 at 3:48 pm to
quote:

If a family member (residing in that home


Almost all polices have an exclusion for a household relative with regards to med pay/liability.

In fact I can’t think of a single policy that does not exclude household family members.

This post was edited on 5/29/25 at 3:49 pm
Posted by geauxpurple
New Orleans
Member since Jul 2014
16384 posts
Posted on 5/29/25 at 3:56 pm to
The fall would have to have occurred because of some defect or negligence on the part of the homeowner.

Besides, a resident family member probably couldn't collect anyway.
This post was edited on 5/29/25 at 10:34 pm
Posted by Shamoan
Member since Feb 2019
13059 posts
Posted on 5/29/25 at 3:57 pm to
don't push your elderly parent please.
Posted by tigerskin
Member since Nov 2004
44718 posts
Posted on 5/29/25 at 4:00 pm to
Not now
Posted by Cutty713
Member since Nov 2008
1122 posts
Posted on 5/29/25 at 4:10 pm to
The med pay portion under the liability section I believe. Usually 10% of liability limit and pays regardless of fault.
Posted by lgtiger
LA
Member since May 2005
1441 posts
Posted on 5/29/25 at 7:23 pm to
Sibling was living in mother’s home, fell and hit head on table, brain bleed. The mother had passed away a short time before . So as a relative living in home a no go on insurance I imagine
This post was edited on 5/29/25 at 7:38 pm
Posted by Tiger Prawn
Member since Dec 2016
25034 posts
Posted on 5/29/25 at 7:51 pm to
Short answer: No

Longer answer: The policy holder and relatives who live in the household are defined as “insureds”. You can’t make a liability claim against a homeowner policy if you’re considered an insured on the same policy.

If it were a relative who didn’t live in the house, it would be a different situation.
Posted by Tiger Prawn
Member since Dec 2016
25034 posts
Posted on 5/29/25 at 7:52 pm to
quote:

The med pay portion under the liability section I believe. Usually 10% of liability limit and pays regardless of fault.
See my answer above.

But no. Med pay applies to guests. Not to household residents.
Posted by sqerty
AP
Member since May 2022
8098 posts
Posted on 5/29/25 at 7:54 pm to
Youll get Life Alert ads nonstop retroactively
Posted by AndyJ
Member since Jul 2008
3428 posts
Posted on 5/29/25 at 7:56 pm to
Come on, you kind of owe us some details
Posted by Tiger Prawn
Member since Dec 2016
25034 posts
Posted on 5/29/25 at 7:59 pm to
quote:

If the person isn't a named insured on the policy, then of course the liability portion of the policy would pay out,
Not in this case because the deceased person was a resident of the home and a relative of the named insured. A relative who is a household resident is defined as an insured. Policy is going to exclude liability for injuries to an insured.
Posted by JperiodCperiod
Member since Aug 2022
77 posts
Posted on 5/29/25 at 8:03 pm to
What caused the person to fall?

Not a lawyer… but liability needs 3 things.
1. Some duty of care owed to the other person.
2. A failure or breach of that duty
3. Injury or damages caused by the breach or failure.

If some trips over their own feet and hits a regular old table, how is it the fault of the homeowner? On the other hand, if said homeowner left banana peels on the floor and you fell on his game of thrones sword table, you might be looking at a suit.
Posted by Saintsisit
Member since Jan 2013
5051 posts
Posted on 5/29/25 at 8:07 pm to
Posted by Dixie2023
Member since Mar 2023
4588 posts
Posted on 5/29/25 at 8:12 pm to
I guess that’s what liability would be for?
This post was edited on 5/29/25 at 8:16 pm
Posted by lgtiger
LA
Member since May 2005
1441 posts
Posted on 5/29/25 at 10:14 pm to
Details
Dead beat daughter sponging off her mother for 20 yrs fell, hit head on table and died 2 mo after mother. Was trying to see if any hope of a few $ to pay for cremation. Only $200 in her bank. $40000+ on credit cards, not worried about credit card companies getting paid
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