NJSBA Family Law Section

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  • 1.  Homeowner's insurance and DV damages

    Posted 03-27-2019 06:24 PM
    Client was punched in the face by her husband, shattering her eye orbit and causing lifelong pain and disfigurement (two surgeries so far, and one eye will forever be lower on her face).

    The court hearing the DV did not enter a FRO. In spite of the injuries (which the court noted), it found the incident to have been mutually combinative (she "started it" by grabbing something from him) and thus the injuries weren't "intentionally" inflicted for purposes of the DV act. (Client was pro se at the hearing, I've now got the FM).

    I've heard that homeowner's insurance doesn't generally cover an "intentional" act. I'm not sure if that's correct, but, if it is: here, the court found it wasn't sufficiently intentional to enter a DV.

    Obviously, if insurance coverage could be found, client would like to do so.

    Anyone know?


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    David Perry Davis, Esq.
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    www.FamilyLawNJ.pro
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    Hopewell, NJ 08525
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  • 2.  RE: Homeowner's insurance and DV damages

    Posted 03-27-2019 06:39 PM

    It depends on the terms of the particular policy but most have specific disclaimers for this type of incident.

     

    Crystal M. Ullrich, Esq.

    Weinberger Divorce and Family Law Group, L.L.C.

    908-845-5000   [email protected]  I   www.WLG.com

     

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  • 3.  RE: Homeowner's insurance and DV damages

    Posted 03-27-2019 07:55 PM
    If they resided in the household at the time of the incident, there will definitely be an exclusion in the policy. I wrote an article in the NJ Family Lawyer back in the 1980s on this issue. The argument if they did not reside together is that the damage is the unintended consequence of an intentional act. However, Crystal is right there is likely to be a blanket exclusion.

    Your client has a Tevis cause of action.

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.
    (732) 972-1600
    [email protected]

    Visit my website: www.mydivorcelawyernj.com


    Original Message