Children's Rock Throwing Results in Policy Limits Settlement
of the incident. Counsel for the injured child claimed the vision in the child’s left eye was permanently decreased. Defendant disputed the plaintiff child’s injuries. The plaintiff claimed an orbital fracture, traumatic maculopathy and a concussion. Plaintiff alleged that in addition to the traumatic brain injury, the vision in his left eye was permanently decreased. The eye and head injuries would result in life long deficits.
The insurance carrier for the Defendant parents’ homeowner’s policy settled the case after filing a reservation of rights with regard to whether the rock was thrown intentionally. If it was an intentional act, the claim would have been excluded under the policy as an intentional tort. Most insurance contracts exclude coverage for intentional and criminal acts by their insureds. If you or someone you know has been injured in an accident or an insurance company is denying their injury claim e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very hard to undo the damage caused by this dishonest and cowardly practice.