
The litigious nature of society has increased the timberland owners’ concern with the inherent liability attached to the ownership of property. Common law principles provide the legal parameters for the rights and duties of landowners. Under common law, a landowner has a duty to:
- Invitees - persons expressly invited on the property for a business purpose
- Licensees - social guests, and
- Trespassers - to a lesser degree
Simplified, a landowner has a duty to inspect the property, remove hidden dangers, keep the property in reasonably safe condition, and to take precautions to protect a user from foreseeable danger.
Recent court cases give some indication of a broadening of the scope of these parameters. An Illinois high court recently ruled that a landowner can be held negligent for a trespasser’s injuries "caused by a condition" if the landowner could have reasonably anticipated the trespasser’s presence. The U.S. Supreme Court refused to review the case thus creating another exception to the limited liability landowners have for injury to trespassers.
In response to these developments, the Davis-Garvin Agency has developed a timberland liability program that provides legal liability coverage for timberland owners. This coverage is designed to provide general liability protection for owners of vacant timberland.
The insurance agreement used to provide coverage states ~ pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage ~ caused by an occurrence arising out of the ownership or use of the designated timberland. The legal obligation clause is a broad insurance statement that provides legal protection to landowners that may be held legally obligated or responsible for a negligent act.
The legal liability coverage provided within this program is shaped by the exclusions and conditions presented in the policy. Some examples of these exclusions are, bodily injury or property damage arising out of the use of an automobile, aircraft, or watercraft; pollution; workers compensation; assault and battery; and commercial hunting. All coverage’s are subject to the terms, conditions, and/or exclusions presented in the policy.
Coverages Include
- Owners, Landlord, and Tenant liability
- Liability limit to $1,000,000 per occurrence
- Special Master policy Rating basis
Advantages
This was designed to provide affordable liability insurance for the timberland owner.
Click for a Printable Application
Davis-Garvin Agency, Inc. · Toll Free: 1-800-845-3163 · Fax:1-803-781-6712 ·
Email Us: Info@DavisGarvin.com
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