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Martin Harvey Frantz

Martin Frantz’s Answers

2 total

  • Will my insurance co pay for vandalism my juvenile son did, 6 kids were involved

    Most of the other 6 kids insurance co paid except ours, now we have a civil law suit.

    Martin’s Answer

    In Ohio, Section 3109.09(B) of the Revised Code provides that the owner of property may recover compensatory damages not exceeding ten thousand dollars and court costs from the parent of a minor if the minor willfully damages property belonging to the owner. That means, as the parent of a child who has committed vandalism, you are liable for the first $10,000 in damages, plus court costs. Whether your homeowner's policy will cover this loss depends on the language in your policy.

    For example, the Ohio Supreme Court looked at this issue in Randolf v. Grange Mut. Cas. Co., 57 Ohio St.2d 25, 385 N.E.2d 1305 (1979.) In that case, Grange had issued a homeowner's policy to Wesley Randolf. Wesley's son, Edward, had "intentionally and willfully caused damage" to property. The homeowner policy provided coverage for “property damage caused by an Occurrence.” In the policy, "Occurrence" was defined to mean “an accident.”

    The Supreme Court held that the policy did not obligate the insurance company to pay a claim for "intentional damage." In other words, Wesley Randolf had insurance but according to the policy language that insurance would not cover damages intentionally caused by his son.

    In your case, the outcome will depend on the language in your homeowner's policy. Call your insurance agent and have him or her explain what coverage is available to you under your policy.

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  • What can I do if the grand jury wont indict, and the DA will not drop charges?

    My husband is out on bond with an ankle bracelet and house arrest. The DA took this case (aggravated child molestation and rape) to the judge. The judge said that one man should not decide this. The DA took it to a grand jury. The grand jury will ...

    Martin’s Answer

    It looks like your husband is halfway there.

    Georgia Code Section 17-7-53 says: "Two returns of "no bill" by grand juries on the same charge or allegation shall be a bar to any future prosecution of a person for the same offense under the same or another name; ... ."

    A "no-bill" means the grand jury did not indict.

    Ask your attorney to file a motion to modify your husband's bond on the basis that the grand jury failed to return an indictment.

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