Legal Question in Insurance Law in New York

Insurance Company no longer defending my Case

My wife was in an accident. We were sued along with the company we were leasing the vehicle from. The insurance company paid their maximum of $100,000 and the lease companies insurance company paid $130K. The lease company is now suing me because we ''indemnified'' them from loss. However, it was their insurance company who wrote the check not them so they really incurred no loss. I need a lawyer to file the response to this suit, which seems baseless to me, (I have the copy of the checks their insurance company paid)but my insurance company said they are reviewing whether or not they are obligated to provide legal services because they already paid their maximum. Three lawyers I spoke to say they have to. I just asked for an extension, from the plantiffs attorney, to respond because they still have not answered. Are They obligated to pay to defend this suit?


Asked on 2/08/02, 8:02 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Insurance Company no longer defending my Case

IMMEDIATELY---turn the summons and complaint over to your broker AND to the insurance company. To the insurance company, send it by certified mail, return receipt requested.

You do not want to jeopardize and available coverage that you have.

Also, send a letter with the suit papers to the insurance company asking them for an Immediate defense and indemnification of this matter. You want them on notice of the suit.

Any questions, please contact me.

Good Luck

RRG

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Answered on 2/08/02, 8:13 pm


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