3 ms·
I think the term you mean is comparative negligence. Contributory negligence would decline all coverage if the insured in any way contributed to the event. I'
by bsuvc 4y ago
I think the term you mean is comparative negligence.
Contributory negligence would decline all coverage if the insured in any way contributed to the event.
I'm guessing the hotel filed a property damage claim with their insurance, who then sued the commenter, whose liability insurance worked things out with the hotel's insurance company.
You're right, the commenter would be covered 100%, but their insurance might have only paid out a fraction.
- killingtime74 4y agoAh, I’m an Australian lawyer and used a term of art which you might not in the states. https://en.m.wikipedia.org/wiki/Contributory_negligence https://en.m.wikipedia.org/wiki/Contributory_negligence (apparently it’s a similar concept you have in comparative negligence)