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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 11029
Experience:  Attorney with significant personal injury experience
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Good evening...have an important question & appreciate an objective

This answer was rated:

Good evening...have an important question & appreciate an objective answer...the deal is I had a stroke after a remediation team sprayed chemicals on my walls...admitting to me they made a mixture of Clorox for mold and febreeze...(that was a big no-no mixing the 2 products)...also I had instructed them to use no chemicals without running it by me first cause i am sensitive to them. I have considered suing them...however my homeowners insurance told me that if i sue the remediation team (who insurance recommended i use) that they would counter sue me for allowing the air in my home to be contaminated by the remediation team. Is this possible?
Good evening and thank you for entrusting me to answer your question. I am terribly sorry to hear about your stroke.

To be clear, are you saying that your insurance company threatened to sue you if you sue the remediation team, or that the remediation team would sue you?

I very much look forward to helping you on this matter.
Customer: replied 3 years ago.

The insurance said they would sue me if I sue the remediation team


Thank you for your reply.

I have never heard anything like this and am wondering if perhaps you spoke to an insurance representative who was inexpereinced, or if perhaps you misconstrued their words.

Your insurance cannot sue you. For that matter, you generally can't go after your own insurance company to obtain compensation for injuries you sustained in your home, as most home owner's insurance policies expressly EXCLUDE the owner from coverage.

The purpose of home owner's insurance is to protect you from lawsuits that others may file against you for damages they incur on your property. You can sue the remediation team, and perhaps you would have a claim against them for negligence, but again, it would make absolutely no sense for your home owner's insurance policy to counter sue you in response. Your insurance doesn't even have anything to do with the dispute--it's between you and the remediation team and whatever insurance they may have.

So, to answer your question precisely, there's absolutely no way you can be sued by your own home insurance (whose sole responsibility to to DEFEND you in lawsuits) if you sue a third party. Your lawsuit is between you and that third party. If the third party had some grounds to counter sue you (which I do not foresee based on your facts), that again would be between you and them. Your own insurance has nothing to do with it.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 3 years ago.

Thank you for your answer..i appreciate knowing this...i would like to ask you another question...regarding suing the remediation i restart at the beginning page after i rate it?

If the question is separate, then site rules would require that you post it as a new question and not as part of this discussion. I hope that's okay. If you would be so kind as to rate here and then start a new question with the subject line beginning "To Legalpro54..." then I will be sure to get it.

As far as the above is concerned, please let me know if I can provide any further clarification.

Thank you so much.
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