Okay, help me out please… if there is a lawsuit pending, does that mean that the homeowner’s insurance denied the claim or did the family simply find the insurance company’s offer to be insufficient. I would also figure the owner of the frat house should have medical payments on their policy and hopefully in the highest amount available.
As for pain and suffering, isn’t there an inherent assumption of risk in this case? Thoughts?
Let’s talk about insurance coverages available. Yes, the fraternity should have had Med Pay if they had a commercial liability policy. The student also undoubtedly had full health insurance as I believe that is a requirement for admission to any university, whether your own or the school’s program. So, her medical bills should have been covered. Whether Georgia has a collateral source rule, and whether a jury can hear about the medical bills is an issue for a Georgia attorney to answer (I am a member of the NY bar).
The student who caused this incident may have had homeowner’s coverage under his parent’s policy, but they might have been renters and they might not have had insurance. The fraternity should also have liability coverage.
My experience in these things is that there is no lawsuit unless the defendant is a very deep pocket or there is insurance in the background. You are therefore probably correct. It didn’t settle.
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Okay, help me out please… if there is a lawsuit pending, does that mean that the homeowner’s insurance denied the claim or did the family simply find the insurance company’s offer to be insufficient. I would also figure the owner of the frat house should have medical payments on their policy and hopefully in the highest amount available.
As for pain and suffering, isn’t there an inherent assumption of risk in this case? Thoughts?
Let’s talk about insurance coverages available. Yes, the fraternity should have had Med Pay if they had a commercial liability policy. The student also undoubtedly had full health insurance as I believe that is a requirement for admission to any university, whether your own or the school’s program. So, her medical bills should have been covered. Whether Georgia has a collateral source rule, and whether a jury can hear about the medical bills is an issue for a Georgia attorney to answer (I am a member of the NY bar).
The student who caused this incident may have had homeowner’s coverage under his parent’s policy, but they might have been renters and they might not have had insurance. The fraternity should also have liability coverage.
My experience in these things is that there is no lawsuit unless the defendant is a very deep pocket or there is insurance in the background. You are therefore probably correct. It didn’t settle.
No negligence, no intent, assumption of risk, NO CLAIM.
I guess she was too drunk to realize she was at a FOAM PARTY…