Negligence/liability for the acts of a young child

[4honor]

I am the spouse of a military member. He is in Iraq. I retained custody of his son who just turned six.

WE live in on-post housing. The tenancy agreement we are required to sign says that we are waiving the WA state land-lord tenant act and going only by Federal laws.

My step son was playing with a lighter and lit the upstairs of our home on fire. The administrators of the Fort Lewis lodging are trying to make my husband pay under terms of the UCMJ.

We have two insurance companies - both with liability coverage. One is citing a defense that is connected to some prior case because my Ss is too young to understand the consequences of his actions and thus cannot be held accountable for the damages.

The second insurance company does not know what case law this might be, and refuses to pay more than half.

1. Are you aware of any Federal or WA State case law which might absolve my SS of responsibility for this and thus absolve my husband and I as well?

2. Is it illegal for the insurance companies to confirm coverage, but refuse to protect us?

[socrateaser]

>I am the spouse of a military member. He is in Iraq. I
>retained custody of his son who just turned six.
>
>WE live in on-post housing. The tenancy agreement we are
>required to sign says that we are waiving the WA state
>land-lord tenant act and going only by Federal laws.
>
>My step son was playing with a lighter and lit the upstairs of
>our home on fire. The administrators of the Fort Lewis lodging
>are trying to make my husband pay under terms of the UCMJ.
>
>We have two insurance companies - both with liability
>coverage. One is citing a defense that is connected to some
>prior case because my Ss is too young to understand the
>consequences of his actions and thus cannot be held
>accountable for the damages.
>
>The second insurance company does not know what case law this
>might be, and refuses to pay more than half.
>
>1. Are you aware of any Federal or WA State case law which
>might absolve my SS of responsibility for this and thus
>absolve my husband and I as well?

No. But, if the government is attempting to hold your husband liable, then your insurance carrier should be responsible for paying for your husband's liability or defending against it, regardless of whether or not your SS is liable. That's what liability insurance pays for. And, if the insurer contends that your husband is not liable because your SS is not liable, then it still should be up to your insurance carrier to pay for your husband's defense against the  government, so as to prevent your husband's liability.

As for the second insurer, it only owes half if the other insurance company agrees pay -- which apparently it dosn't. So, it's up to your second insurer to pay the entire claim and then sue the other insurer to get the half it believes is owed.

>2. Is it illegal for the insurance companies to confirm
>coverage, but refuse to protect us?

Yep. But, if the insurer doesn't owe, because of some legal reason, then it doesn't owe.

Refuse to pay, and let the government sue you. Then demand to be defended by the insurance companies. If they refuse, contact the insurance commissioner. Ultimately, you may need to get a local WA lawyer with military law experience to try to sort it all out, but I'll wager if your insurance covers liability then the insurance companies will eventually pay.