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Originally Posted by retiredguy123
(Post 2307251)
Question. Does your umbrella policy cover things other than your own liability? For example, does it cover an uninsured motorist claim that you have made against your own auto insurance company for a hit and run accident where you were injured by an uninsured driver, but no one is suing you?
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No RP has made the correct distinction between excess coverage and umbrella. However, in the context of homeowners and auto, it doesn't matter.
Excess insurance is just that: an increase in the limits or dollar amount of the primary or underlying insurance. Usually, true excess insurance is "following form". This means that the terms of the policy follows the form of the underlying or primary insurance and the extension of coverage, the exclusions, the terms and conditions, the definitions etc are the same as in the underlying policy. An excess policy could be written on one page of paper saying that it adopts every word in the underlying policy with the exception that the limits are increased to $XXXX.
In contrast, an umbrella policy includes excess insurance and provides new and different coverages. Technically, I suppose that an umbrella policy would not have to increase the limits of the underlying insurance, but I've neither seen nor heard of one that did not.
The term "umbrella" is used to describe insurance that covers those claims that would ordinarily not be covered by the underlying policy or even excluded by the underlying policy. It is useful to think of it as an umbrella over the heads of the insureds to protect them from claims that they might think would be covered by the underlying policy but are not.
Some of the common claims that are covered by a personal lines umbrella are libel, slander, trespass, false arrest, false imprisonment, and assault and battery. This is not to say that everything an insured does that is wrongful will be covered; however, that is too long a topic to correctly address in this posting.
For homeowners, an umbrella policy can provide great benefits. In my 40 years of practice in California, a state in which litigation is a blood sport (as is Florida), I defended numerous claims for an insured under the umbrella coverage. A common case was a homeowner with a litigious neighbor who sues over every perceived wrong. Slander claims are common. The same for trespass. Cut down a tree on the property line and be sued by the neighbor.
Perhaps the greatest benefit of an umbrella policy is that it can afford a homeowner a good attorney to defend him/her in a lawsuit and the means to have investigators and experts, if needed, paid for by the umbrella carrier. If you haven't been involved in litigation, you will be shocked at the cost of defending even the most frivolous lawsuit given the fees of the attorney, the court, the investigator etc.
Another advantage of an umbrella that is not often considered is that an inexperienced attorney for your opponent can "plead" the insured into coverage. For example, the insured can sue a contractor for not doing a job correctly. Most likely, the insured will have previously complained to the county building department or to another contractor. In response, the contractor and his attorney thinks that they can "bully" the homeowner by cross-complaining for libel and slander and for additional charges.
The unintended effect of the cross-complaint is that the contractor has "pled the homeowner into coverage" if the homeowner has an umbrella policy. In that case, the umbrella carrier will defend the slander claim; however, the rule in most every jurisdiction is that when a carrier has to defend any part of a claim, it has to defend all of the claim, although it would only pay a judgment for slander. As the alleged slander is that the contractor did the work wrong, the defense is that the allegation was true. Thus, the homeowner gets a full defense from his umbrella carrier and all the experts needed to prove that the contractor did the work improperly.
Suffice it to say, it is well worth the money to have an umbrella policy in addition to homeowners and auto policies.