Legal Question in Civil Litigation in Michigan
Suing Insurance Co failing to pay a claim
Feb 2003, we wenton vacationa nd returned to find our above ground pool had lost all the water in it. We had a terrible storm while away. The winter cover was 1/2 blown off. We couldnt tell extent or cause of damage until we could remove cover. I sent photos to insurance co in Feb. They determined from pics that ice caused damage. No ice on the pool. They refused to come out. Pool Company came out and found sticks and branches from woods blew into pool and pierced liner. Insurance Co refused to pay. I filed in small claims court for $3000. They hired attorney who moved it to civil court. Do I now need an attorney to represent us against this powerful company who I had for 20 years?
2 Answers from Attorneys
Re: Suing Insurance Co failing to pay a claim
No, you don't need an attorney. Insurance companies often "remove" small claims to the regular civil docket as a tactic to get you to drop your claim. Attorneys are not allowed in small claims court.
In reality, nothing has changed as you still get the same hearing before the same judge (unless the attorney asks for a jury which almost never happens). The only added factor is the other side now has an lawyer to present its case.
Bring the pool company representative as your witness. If he won't show up you voluntarilly, you can subpoena him. Bring pictures and repair estimates.
I would't be concerned that you are being opposed by the insurance company's lawyer. Most lawyers dread going up against an unrepresented plaintiff. The judge usually gives you much more leeway than the attorney in presenting your case.
Re: Suing Insurance Co failing to pay a claim
Welcome to the world. If I were you, I'd get a lawyer. Don't let them walk on you. Bill Stern 248-353-9400
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