Some Basic Questions:
Why
would I need an Umbrella Policy?
There
are many situations where a standard liability policy is simply not enough
coverage. An Umbrella Policy allows you to protect yourself against
major lawsuits in two ways. First, the umbrella provides excess liability
over underlying coverage. Second, the umbrella provides liability coverage
that may be excluded by homeowners or auto policies.
Just
what is a Personal Umbrella Policy?
Often
times referred to as a personal catastrophe policy, a personal umbrella
policy,supplements the basic personal liability coverage provided under
homeowners and auto policies. The umbrella was created to protect
people from large losses.
What
special protection is afforded by an Umbrella Policy?
Personal
injury losses that may be limited or excluded under most homeowner's policies
will receive broader coverage under an umbrella policy. As a rule,
personal injury does not have a uniform definition; however, just about
all umbrellas will refer to personal injury to include bodily injury.
Most policies also include in their definition of personal injury: Mental
anguish, false arrests, wrongful eviction, wrongful detention, malicious
prosecution, invasion of privacy, assault and battery, slander, libel and
defamation of character.
How
does this policy work?
Generally,
an umbrella policy pays all of the covered loss that exceeds the limits
of the base or underlying policy. If, for example, the basic policy
paid $200,000 on a slip and fall injury and the claim was for $250,000,
the umbrella would cover the $50,000 over the basic policy's $200,000 limit.
Does
an Umbrella Policy require a deductible?
Usually
umbrella liability policies have two types of deductibles. These
are also referred to as retained limits. Depending on the loss, one
of them pays first before the umbrella pays. If the loss is covered
by the underlying policy, that policy pays first up to its maximum limit
and then the umbrella policy kicks in. Another consideration is that
a loss may occur and is covered by the personal umbrella but not an underlying
policy. In this case, the insured must meet a deductible that is
referred to as the SIR which stands for Self Insured Retention. For
example, a $1 million umbrella usually has a $250 SIR that the insured
must pay before the umbrella kicks in.
What
is the need and purpose of Umbrellas?
People
can be held legally liable to pay damages for the bodily injury or property
damage caused by their negligence. The need for liability can arise
as a result of a person's personal or recreational activities as well as
a person's business. Some of the higher liability claims arise when
insured's are entertaining guests or permitting people to use their property.
Just try and consider how a jury's desire to punish a negligent person
could result in a judgment for damages in the following realistic situations:
* A practical joke misfires and results in a lawsuit for defamation of
character.
*A neighbor or guest falls on a person's property, resulting in permanent
disability.
* A protective watchdog proves that his bite is even worse than his bark.
*A person's child accidentally breaks an expensive vase while at
another person's house.
*A moment's inattention while driving results in a multi-car accident
* A spark from burning leaves starts a fire that inadvertently burns a
neighbor's roof.
* A letter to the editor triggers a libel suit.
The purpose
of the Personal Umbrella Liability Policy was created to expand the insured's
liability coverage by filling gaps in the basic liability coverage provided
by underlying policies and to reduce the insured's worry, trouble, and
burden of facing personal litigation on his or her own. Personal
umbrella liability coverage is usually sold in units of $1 million or more
and may be added to a basic homeowners or auto policy that is already written
by the insurance company. Umbrella policies provide insurance for
accidents and other situations not ordinarily covered under primary insurance,
subject to a deductible of between $250 and $1,000.
There
is no standard personal umbrella liability policy. The policy's forms,
format, and coverage vary by insurer. All personal umbrella policies
are designed to give insureds and their families two types of extra liability
protection:
1. They add to the liability of any homeowners, auto, or other liability
policies
currently in force. Most homeowners policies provide a basic personal
liability
coverage of $100,000; auto policies typically contain a combined single
limit
of $300,000 per occurrence. An umbrella policy supplements these
basic
personal liability coverages.
2. They are designed to cover liability exposures that other policies
do not cover.
The umbrella policy is designed to cover some of the more unusual exposures
such as personal injury claims, that an insured might face but they are
typically
not covered under most standard liability policies.