From Answer.com
Can I sue my home owners insurance for an injury I incurr at my home?
Answer:
I don't see why you would sue your home insurance company for an injury you had at home. They are not at fault for your injury. If you are really meaning to ask if you can file a claim with them for having your injury at home, no you can't. Well you can, but it would be denied. Almost all companies only offer "medical" coverage on home policies for visitors who get injured within the insured's home, not for the homeowner themselves. Also insurance companies have very large and experience legal departments, you would wind up spending a fortune in legal fees and also lose your case.
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