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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am being sued by a woman who says i assaulted her. I did

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I am being sued by a woman who says i assaulted her. I did not and it is the reverse that is true . she and her girlfriend attacked me. At the criminal hearing the charges were reduced to 2 summary offenses. Now she is suing civilly for$ 200,000.
My insurance co. says that if I am found guilty they will not pay because of an intentional act when it was me who was defending himself. I have been told by my defense to seek answers to this. they are defending me as appointed by my ins. co.

My name is XXXXX XXXXX I will be assisting you with your legal question.

Your lawyers are correct. They are not supposed to answer any questions regarding whether or not the claim against you has insurance coverage. In order to get an official determination on that matter which you could use against your insurance company, you would need to hire an attorney to perform a coverage opinion. However, I will warn you that most insurance policies absolutely do not cover intentional torts such as assault.

That being said, what is your specific question regarding this matter?
Customer: replied 3 years ago.

I truely did not assault this woman. I defended myself and the lies she is telling are really horrific. I guess it will be up to the jury. Naturally there is so much more to tell but I really am getting railroaded here and my defense agrees. But I am trying to see my way clear in case of a judgement.

It sounds as if this is a case of "he said, she said". Are there any witnesses that could corroborate your side of the storey, or any outside evidence that would help you prove your side?
Customer: replied 3 years ago.

No, we believe she planned this and the only witness is the woman who was with her.

That would make it very difficult for you to assert a cross-action against her, essentially suing her for assault as well.

As that is the case, what you should know is that your insurance company is paying your defense costs, and you will not be liable for those if you win the case. Your case will rest on being able to show some sort of motive for their lying. It will also rest on simply who is the most believable witness.
Customer: replied 3 years ago.

the motive for their lying is money. This woman sued 7up for 1mil with the same team and won. this is what she does. Are you saying I may also have to shoulder the costs of this defense if i lose

The insurance company usually reserves the right to charge you for the defense of a non-covered claim under a reservations of right letter. They usually don't charge, but they reserve the right to.

If you have someone who is a serial plaintiff, you can bring that up in court in front of a jury. Again, your best bet is simply being more believable than them, showing that they have a motive, and making them go to trial instead of settling.
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