Damage Done by Visiting Relative—Liability?

Our insured was disabled and her sister came to live with her for a couple of weeks.

The sister did some laundry for the insured and ended up spilling bleach on the hall carpeting. The carpeting is owned by the condominium association, not our insured individually.

The insured has a condominium unit-owners policy under form HO-6. The condominium association wants to collect from our insured for the damage to the hall carpeting. The insurer is questioning whether the insured is responsible. Also, we are uncertain whether the visiting sister was an insured resident relative under the policy during the few weeks that she helped out.

Illinois Subscriber

Whether or not the insured's sister would be considered an insured (as a “resident” of the insured's household) is beside the point. The condominium's claim is against the unit-owner whose agent (the sister) caused damage to condominium property. The claim should be paid under section II of the insured's condominium owners policy.

Although not relevant to this situation, it is most unlikely that the sister could claim additional insured status as a resident relative. She was visiting with the intent of returning to her own home. The courts consider intent an important factor, see Resident Relatives.