Legal Question! Need Some advice!

[Mskayladog]

I think about every few years someone threatens to sue or screams to get their money back. I tell them feel free to sue..if they want their money back I tell them to take me to court. I have never been taken to court. First time I lost sleep and cried now I roll my eyes after they leave or while I am on the phone with them.
You do need to call the police if he confronts you again.

 

[thaiturkey]

The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for his homestead. Perez testified that Montes brought a contract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.

Would not need to pay out but the insurer would have to defend you.

An insurance company paying the costs of defending an action or incident not covered by its policy would be a novelty indeed.

 

[chickened]

An insurance company paying the costs of defending an action or incident not covered by its policy would be a novelty indeed.

Benefits

• By purchasing general liability insurance policies, business owners and professionals are transferring their risk of financial responsibility to the insurance companies. When a claim is made against the insured, the insurer will conduct an investigation into the allegations to rule out those that are unjust or frivolous. If the insured needs to go to court, the company's legal costs are paid by the insurance company. And if the insured is found liable, the insurance company pays the award amounts up to the policy's coverage limit.

What Does it Cover

• General liability insurance policies protect the insured from myriad risks. Some of these risks include bodily injury, employee injury, property damage, personal injury (non-physical) resulting from libel and slander and fire damage. Also if the insured lose income while fighting claims in court, they will be reimbursed by their insurers. These policies also cover the actions of the insured's staff, employees and independent vendors and contractors working on company's behalf.

 

[thaiturkey]

Benefits

• By purchasing general liability insurance policies, business owners and professionals are transferring their risk of financial responsibility to the insurance companies. When a claim is made against the insured, the insurer will conduct an investigation into the allegations to rule out those that are unjust or frivolous. If the insured needs to go to court, the company's legal costs are paid by the insurance company. And if the insured is found liable, the insurance company pays the award amounts up to the policy's coverage limit.

What Does it Cover

• General liability insurance policies protect the insured from myriad risks. Some of these risks include bodily injury, employee injury, property damage, personal injury (non-physical) resulting from libel and slander and fire damage. Also if the insured lose income while fighting claims in court, they will be reimbursed by their insurers. These policies also cover the actions of the insured's staff, employees and independent vendors and contractors working on company's behalf.

How about the Exclusions?

I think you will find that the Benefit you have highlighted in bold refers to legal costs and awards for events covered by the insurance. Some of those are listed under What Does It Cover. Again, can you believe that an insurer would cover legal costs and awards for anything you do?

What you have posted appears to be a summary of your cover, not the policy wording itself. In the policy you will find an exhaustive description of what is covered and the limitations to and exclusions from that cover.

 

[chickened]

I have what is called loggers broadform which cover a lot but it will not cover fraud or anything illegal.

In my business we have what is called a timber trespass where you cut a tree on someone else's property. It is double stumpage if it is unintentional and triple stumpage if it is intentional. Insurance covers both.

Yes it does have specific things it will not cover but legal costs are covered regardless whether you win or lose. My policy has a 2 million dollar limit per occurance.

 

[Capvin]

To the original OP.....I have taken the time to read the so called "legal advise" you have been given in this thread and I am certain that if you have taken any of it that:

1. You are out of business
2. In jail
3. Broke
4. Confused

Asking for legal advise on this forum has proven to be a very risky business and is akin to asking for instructions to perform your own surgery.

 

[Young Farmer]

HAHAH, I just wanted to here what others had to say on the matter. Im just not gonna do anything about it untill it comes up again. Some of the advice has been great.