tag:blogger.com,1999:blog-4754540220266106237.post6896177410287188677..comments2024-03-17T16:43:50.668-04:00Comments on Coverage Counsel: Suing the Six-Year-Old -- Holding Children Liable for Their Negligent ActsRoy A. Murahttp://www.blogger.com/profile/06367888044845855898noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-4754540220266106237.post-6435839095571501892011-01-04T20:02:51.310-05:002011-01-04T20:02:51.310-05:00Perhaps instead of kindergarten, children should b...Perhaps instead of kindergarten, children should be sent to pre-law classes. "Torts 4 Kidz" or something. Fill a room with toy cars and ambulances and turn play into a learning experience.Larry Rogakhttp://www.newyorknofaultadvisor.comnoreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-91507465360310406642010-12-28T13:56:25.693-05:002010-12-28T13:56:25.693-05:00This particular client is an insurer and is not a ...This particular client is an insurer and is not a signatory, I believe. I suppose it could always opt in for this particular matter. <br /><br />Client is still investigating whether there's either a HO or renters policy covering the kids. <br /><br />I agree that it would probably be better to put the issue of a child's negligence before three arbitrators rather than just one.Roy A. Murahttps://www.blogger.com/profile/06367888044845855898noreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-80474443667896141472010-12-28T08:46:28.994-05:002010-12-28T08:46:28.994-05:00If the client goes under their insurance coverage ...If the client goes under their insurance coverage for the barn then their insurance carrier may well be a signatory to Fire and Allied Lines Arbitration. Further since the "tort feasor" child is a member of a household he may be a "covered person" under his parent's homeowners or renters policy.This may be grounds for a DJ but I think there would be coverage if it was timely reported to the respondant carrier. I would probably ask for a three person panel in arbitration and ask to submit a Memorandum of Law post hearing.J. Pauldingnoreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-2895331339139410092010-12-27T19:33:07.421-05:002010-12-27T19:33:07.421-05:00Better in the sense of more exact perhaps, but not...Better in the sense of more exact perhaps, but not as attention grabbing. I try to make insurance coverage as sensational as possible, Tom. ;-)<br /><br />I don't think the particular client who called me is a signatory to intercompany arb, so a lawsuit would appear to be the only recovery option. Don't know whether I'd rather put such a claim against a child before an Arbitration Forums arbitrator or a jury. Which would you prefer?Roy A. Murahttps://www.blogger.com/profile/06367888044845855898noreply@blogger.comtag:blogger.com,1999:blog-4754540220266106237.post-10549965841693189252010-12-27T17:21:36.760-05:002010-12-27T17:21:36.760-05:00If this is a subrogation claim - then the forum is...If this is a subrogation claim - then the forum is more than likely going to be intercompany arbitration in which case a jury won't see the case. The good news being that it would cost a lot less to pursue the case. <br /><br />I think perhaps a better title would be "...Holding Children liable for their potentially negligent acts."Tom Murinhttps://www.blogger.com/profile/09763200486501331592noreply@blogger.com