Have Legal Questions? Ask a Lawyer Now.
I hope this message finds you well, present circumstances excluded. My name is XXXXX XXXXX I am an attorney with over 10 years experience in handling litigation matters, including representing and suing insurance companies. It is a pleasure to work with you on this matter.
If the insurance company is unwilling to budge and handle this issue (as they clearly should), you are going to have to use a procedural mechanism called impleader, in which you as a defendant effectively sue and bring your former insurance carrier into the suit as a third party.
In that case, you have to file an answer to the law suit against you, but you also file a separate document impleading the former insurer and claiming that they are actually the entity to which liability must rest. Based on your documentation and the common understanding that they were to insure through that last 24 hour constituting the say of October 17, 2012, I think you have a very good shot at shifting the liability, if there is any, to the insurance company and having your attorney costs covered in the process as they would have otherwise been responsible for those attorney fees or providing adequate representation.
Under the circumstances, that is your best, XXXXX XXXXX only option unless you can convince them to accept coverage by the threat of impleading them into the case.
Let me know if you have any additional questions or comments.
Best wishes going forward!
How do I respond to the suit?
Is the "impleader" process a form???
You must file an answer to the suit that was served on you, answering and denying or admitting the allegations therein. The impleader will be a separate document, but it is not a form that the court will or can provide. You may be able to find a fillable answer form on uslegalforms.com, and you may also be able to find an impleader filing document on the same site.
If you can afford it, I would urge you though, to hire an attorney to represent you guys and file the documents on your behalf. There can be procedural issues when you represent yourself and are unfamiliar with the customs and procedures of the court. Again, you have a good chance of having your legal fees covered by impleading your former insurance company in the end.
Let me know if you have any additional questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).