Liability Coverage on Right-of-Way?

Our insured has a right-of-way through his property that is used consistently by the local power company. Since his property is some 33 acres, who is responsible for a claim if, say, hunters, snowmobilers, or ATV users are injured?

New York Subscriber

There is no simple answer to this question. The insured's own homeowners policy should respond if someone is injured on the premises; however, if someone is injured on the strip of land that is the right-of-way that could be a different matter altogether.

 

Further questions need to be asked (and answered). First, is this a public right-of-way or a private one given to the power company? If public, then the local government might bear some responsibility. Second, if a private right-of-way, then the place to look for coverage may depend upon the wording of the contract granting the right-of-way. For example, if the power company states it will be responsible for maintaining the right-of-way, then if an accident were to occur strictly on that piece of land then a claimant might look to the power company to recover damages.