jmra wrote: ...where insurance is involved, the insurance companies like to settle their part prior to any criminal verdict. Their goal is to limit their liability as much as possible. A prime example of this is Zs HOA insurance settling with the Martins long before Zs trial.
This is truly very often the case, jmra, and you have made a very important statement. One invites making a serious error if one assumes that when an insurance company settles a claim it is admitting (1) that its policy indeed covers the incident, or (2) even if it does, there is any liability on the part of its insured. Insurance companies settle claims for a multitude of reasons, and one not personally involved in that settlement should never make an assumption about the reason for settlement unless it is laid out in uncertain terms by the parties.
As the lawyer for Zimmerman's HOA put it, at the time of the HOA's payment of the claim,
"When claims are filed, they're filed against anybody who could possibly have any culpability," [the lawyer] said.
Trayvon's parents must have concluded that Zimmerman's homeowners association did, he said, thus the claim.
In the settlement, the association did not admit any wrongdoing or liability. [The lawyer] said its decision to settle was most likely a business decision.
"It's really nothing more than a risk-versus-reward analysis," [He] said. Orlando Sentinal, 4/5/19.
This thread appears to indicate that some might still believe that one's standard homeowner's insurance, including umbrellas, covers the consequences of an intentional act when those consequences were intended by that act. To again kick that horse,
since this issue can be critically important to members of the forum, if one's broker says that is the case, one should get a written opinion from the broker, or, preferably, his liability insurance carrier's front office, saying that that is the case, and put the written opinion in his safe deposit box so that it is never lost. Even that written piece of paper will be worthless if the one making that assurance has inadequate assets to cover claims made against the insured.
As once was said here on the forum, if you are able to get such a written assurance from your carrier, and your attorney verifies the liability taken upon itself by your carrier, please let me know the name of the company, and that of your attorney, so I can get some of that insurance, and assurance, too. <irony>
This is not legal advice. I am not your lawyer, nor or you my client. Consult your own attorney for legal advice. Take care to not govern your actions by my personal opinions or anything else I might say.
Jim