Legal Question in Civil Litigation in Florida
This is 2 questions. I am being sued by an auto insurance company, seeking recovery of $X.0+ fees. etc, for an underinsured motorist claim they allegedly paid. to one of their insured's
(1) Should they have named the injured party specifically in the complaint or just stated ' insured and named the policy holder'?
(2)How do I send interrogatoies to the alleged injured party, if the party wasn't names specifically in the complaint?
3 Answers from Attorneys
(1) Named Insured is proper.
(2) You should not be sending out interrogatories yourself. Hire a lawyer to help. If you do formulate your own interog Qs, you send them regular mail to each person listed on the complaint in the "certificate of service." I reiterate, don't do this yourself.
1. The UM carrier never sues its insured in this type of case
2. You don't send rogs to a nonparty. subpoena and ask questions. If you have an insurance policy, they should be be hiring a lawyer for you.
If the injured party is not the one suing you, then you cannot serve interrogatories on them. Review the Florida Rules of Civil Procedure (available on the Florida Bar's website) and consult with an attorney for additional assistance.
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