Legal Question in Family Law in California

Legal Group not willing to pay for case

Through my job, I belong to a legal group that's based out of State but has network attorneys in CA. I had a child-custody proceeding with my ex-wife. I decide to go with a non-network attorney to work with. The legal group's contract says that if a non-network attorney is used, they will only pay up to $2,400 if case goes for trial and $840 if case did not go on trial. In mine, my ex contested the judge's ruling. Both lawyers made presentations before 2 judges. Both lawyers took declarations from witnesses. About 4 court appearances before judges were made. My ex and I went to FCS for mediation. The judge ruled in my favor. I spent over $4,000. I sent my request for payment to the legal group. They only paid $840. On questioning them, the customer service rep informed me that my case ''did not go on trial''. She insisted that going on trial meant that there should be jurors etc. I got confused. I did not read this anywhere. My lawyer even wrote them with a breakdown of the bill etc but this did not sway them. Right now, They owe me $1560. Can I take them to small claims or civil court?


Asked on 9/13/02, 9:34 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Legal Group not willing to pay for case

The insurance company is wrong, unless the provisions state that the trial is specifically defined as a jury trial. I have worked with several legal insurance companies and have never had the problem. Good Luck, Pat McCrary

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Answered on 9/16/02, 10:32 am


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