Policyholder v. Homeowner Policy Carrier
Homeowner policies provide needed protection to owners of homes, but the coverage has its limits. Michael Hardiman and Cheryl Castrogiovanni were called on to demonstrate the limits of coverage.
At age 14, Annie was an avid dirt bike enthusiast, owning two Honda bikes. Annie invited a friend to her house to spend the afternoon. While her father was in the garage working, Annie and her friend jumped on the motorbikes and headed out on the open road. Tragically, the friend was struck by a car a few blocks away and suffered serious injuries.
The parents of the injured youngster sued the father for negligent supervision, challenging the decision to allow the girls to ride the bikes. The father tendered the lawsuit to his homeowner carrier, which denied coverage. The father sued his carrier for various damages, including punitive damages.
The carrier hired Hardiman & Carroll to defend its decision to deny coverage. The case proceeded to trial, and the carrier’s case was presented by Michael and Cheryl. At the end of trial the Court ruled that coverage did not exist, and entered a defense verdict on all claims.