Summary
In Minnesota, under joint and several liability, a party 51% or more at fault can be held responsible for the entire damage amount. If fault is equally divided, each party pays 50%. In a boating accident, the boat owners specific policy for boat injuries is primary, while the drivers homeowners policy is secondary. Umbrella policies kick in after primary policy limits are exhausted.Full Conversation
Can you give me an example?
Sure, for example, if Person A, B, and C are involved in an accident in Minnesota. If Person A is found *% at fault, while B and C are *% each, Person A could potentially be held responsible for paying the entire damage amount under joint and several liability. The parties, A, B, and C would then need to sort out their respective shares amongst themselves.
What if fault is equal between the two defendants?
In Minnesota, if fault is equally divided between two defendants, they are each responsible for *% of the damages under joint and several liability. They will need to sort out amongst themselves who pays what amount.
What does it mean when a policy is closer to the risk?
In legal terms, when a policy is 'closer to the risk', it typically refers to an insurance policy that more directly covers the specific risk at hand. This term is often used in discussions about which policy should pay out first when there are multiple applicable insurance policies. Could you provide more context for your situation?
There was a boating accident with two defendants. The boat owner, and the boat driver. The driver is majority at fault. The boat owner has a specific policy for boat injuries. The driver has a homeowners policy.
In this case, the policy 'closer to the risk' would likely be the boat owner's specific policy for boat injuries. That policy may be the primary source of compensation. The homeowner's policy of the driver might be secondary. The final determination depends on the specific terms of the policies.
What if there are also umbrella policies?
Umbrella policies usually kick in when the limits of the underlying primary policies are exhausted. However, the exact order of payment would depend on the specifics of the policy language and the facts of the situation.