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Tomas has an HO-3 policy covering his home. A neighbor jumped Tomas's fence to use his yard as a shortcut to a store, tripped over
Tomas has an HO-3 policy covering his home. A neighbor jumped Tomas's fence to use his yard as a shortcut to a store, tripped over a small shovel left on the lawn, and was injured. The neighbor sued Tomas. Tomas's insurer defended and won the lawsuit on the theory that the neighbor was a trespasser to whom no duty was owed by Tomas. The insurer's defense included $20,000 in legal fees. Who is responsible for these legal fees?
a-Tomas is, because liability coverage is not triggered absent a finding of liability
b-Tomas and the insurer share responsibility for the legal fees
c-Thomas's HO-3 insurer is responsible for the legal fees as it has duty to defend under the policy
d-The insurer is responsible for the legal fees only if Tomas is not able to pay them
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