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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1987
Experience:  Practicing Attorney with 10 years experience
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There was a slip and fall accident with broken ankle in my

Customer Question

There was a slip and fall accident with broken ankle in my house in PA. The claim which was submitted by injured person's attorney to my homeowner insurance company, was declined. Reason to me unknown, probably for the luck of witnesses. After the claim was declined the plaintiff attorney opened a case in court demanding judgement against me and my wife. Default judgement against us had been entered. My insurance co. appealed to open this judgement in county’s court of common pleas but the appeal was denied. The Co. appealed it second time in higher court, but appeal was denied again. Now my insurance company is suing me requesting a declaration that it has no obligation to defend or indemnify me and my wife in this civil action. The proposed motion for summary judgement was filed on 1/19/2016.
I don’t have an attorney. I called several law firms, but all of them do plaintiff cases, not defense cases.
How to respond to this motion? Shall I send a letter to court?
Can I represent myself without lawyer?
I want my ins. Co be liable and pay the claim.
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

There are some major issues here. First off take a look at your policy to determine if the insurance company has to cover this. I presume they do have an obligation. You need to deny their motion and assert your counterclaim for breach of contract. They are responsible for that default judgment. I would strongly suggest getting an attorney. Contact your local or state bar association for referrals to attorneys who specialize in cases against insurance companies.