Comments on: Can my homeowners insurance co pay a claim and then try to recoup their money via another lawsuit? http://homeinsuranceblognow.org/law-ethics/can-my-homeowners-insurance-co-pay-a-claim-and-then-try-to-recoup-their-money-via-another-lawsuit-2/ Home Insurance Information Blog Thu, 27 Nov 2008 07:24:21 +0000 hourly 1 By: pezstarx http://homeinsuranceblognow.org/law-ethics/can-my-homeowners-insurance-co-pay-a-claim-and-then-try-to-recoup-their-money-via-another-lawsuit-2/comment-page-1/#comment-266 pezstarx Thu, 13 Nov 2008 14:54:44 +0000 http://homeinsuranceblognow.org/ps/60#comment-266 It all depends on the terms of the policy you have. I'd suggest you read your policy or contact someone at your insurance company to ask about this. No one is going to be able to tell you what you or they are liable for without seeing your policy. It all depends on the terms of the policy you have. I’d suggest you read your policy or contact someone at your insurance company to ask about this. No one is going to be able to tell you what you or they are liable for without seeing your policy.

]]> By: Lee N http://homeinsuranceblognow.org/law-ethics/can-my-homeowners-insurance-co-pay-a-claim-and-then-try-to-recoup-their-money-via-another-lawsuit-2/comment-page-1/#comment-265 Lee N Thu, 13 Nov 2008 06:21:48 +0000 http://homeinsuranceblognow.org/ps/60#comment-265 This is not legal advice, and you should reasonably ask the carrier their intentions. That said, it is highly unlikely that they will pursue your son. A family member living with you generally fits the definition of an insured under the policy. An insured is entitled to coverage for defense (of claims and/or suits) and/or indemnity (payment of viable claims). If the carrier is defending you and your son (without reservation of rights) it would seem that they have accepted coverage. The attorney hired by the carrier to represent the insured (defendant) owes allegiance to that party. I would clarify which attorney represents you, and/or your son (sometimes separate counsel is needed and supplied by a carrier due to conflict of interest and sometimes the parties agree [stipulate] to a waiver of such conflict.) In short, you can verify intentions and status with the carrier and the defense attorney, but the carrier seeking recovery against your son is unlikely. If they had intended to pursue him (and if he is not an insured for one reason or another) they likely would have either (1) filed a non-party defense or (2) filed a direct action (added him as a defendant through a process called a contribution and/or common law indemnity action). Since a paid claim would go on your record it is also worthwhile to find out status, merits of allegations, and extent of claimed damages (usually part of the public record in litigation) so you can see what the liklihood of a settlement is. If the claim is frivilous, perhaps a motion for summary judgement and/or offer of judgment should be considered. Good questions for your defense attorney (provided by the carrier). Again, they work for YOU, not the carrier (though not every carrier representative really gets that). Good luck. This is not legal advice, and you should reasonably ask the carrier their intentions. That said, it is highly unlikely that they will pursue your son. A family member living with you generally fits the definition of an insured under the policy. An insured is entitled to coverage for defense (of claims and/or suits) and/or indemnity (payment of viable claims). If the carrier is defending you and your son (without reservation of rights) it would seem that they have accepted coverage. The attorney hired by the carrier to represent the insured (defendant) owes allegiance to that party. I would clarify which attorney represents you, and/or your son (sometimes separate counsel is needed and supplied by a carrier due to conflict of interest and sometimes the parties agree [stipulate] to a waiver of such conflict.)

In short, you can verify intentions and status with the carrier and the defense attorney, but the carrier seeking recovery against your son is unlikely. If they had intended to pursue him (and if he is not an insured for one reason or another) they likely would have either (1) filed a non-party defense or (2) filed a direct action (added him as a defendant through a process called a contribution and/or common law indemnity action).

Since a paid claim would go on your record it is also worthwhile to find out status, merits of allegations, and extent of claimed damages (usually part of the public record in litigation) so you can see what the liklihood of a settlement is. If the claim is frivilous, perhaps a motion for summary judgement and/or offer of judgment should be considered. Good questions for your defense attorney (provided by the carrier). Again, they work for YOU, not the carrier (though not every carrier representative really gets that).

Good luck.

]]> By: webwanderer http://homeinsuranceblognow.org/law-ethics/can-my-homeowners-insurance-co-pay-a-claim-and-then-try-to-recoup-their-money-via-another-lawsuit-2/comment-page-1/#comment-264 webwanderer Mon, 10 Nov 2008 15:46:16 +0000 http://homeinsuranceblognow.org/ps/60#comment-264 Hard to say! Check with an attorney! If your son was truly defending himself, I would guess he would "be off the hook!" If not, then you might have a serious problem. Hard to say! Check with an attorney! If your son was truly defending himself, I would guess he would “be off the hook!” If not, then you might have a serious problem.

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