Question from an IIABNY member: We have an insured that is taking in three foster children from Family Court. The mother of the children is heading to jail for a year. She is an approved foster home under our county’s social service program. Our insured has a concern that, if something should happen to the children, will she have any coverage (if the mother sues her for negligence). So IF one of the children is injured/dies using the insured’s swimming pool, etc., will her HO policy defend her? We have called our carrier for their input and they said the same thing I did……good question!
Answer: In my opinion, her Homeowners policy will not provide liability coverage if one of the foster children is injured, though at least one New York court has said otherwise. I’ll assume that the insured has the equivalent of the ISO Homeowners 3 policy, HO 00 03 05 11. Section II – Liability Coverages states: