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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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I filed a civil case against the insurance company that

Customer Question

I filed a civil case against the insurance company that represents the water company for not repairing my garage caused from a main water break. They repaired damages to my home but said my home cost the insurance company enough money, so I filed suit against travelers insurance company and their adjuster that handled my case. Well they said I filed against the wrong party and that I needed to file against Pennsylvania American water company. The incident occurred Jan 8, 2014 and I filed suit on Jan 5, 2016..... I know there are statute of limitations but can I file an appeal and then make the defendant Pennsylvania America water company? I desperately need my garage repaired, the judge even said I had a great case with all the evidence but I filed against the wrong company being the insurance company. It was the insurance company that refused to pay for my garage.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unfortunately, no. You can't name parties on appeal that weren't a part of the original lawsuit.

You may still have other options but you are going to have to sit down with a local lawyer that does civil litigation and a copy of all of the paperwork and let them review it.

There could be other potential causes of action that are still within the statute of limitations and, in addition, you might be able to assert what is known as a "misnomer" issue which essentially means that even though you got eh name incorrect, that the insurance company still knew they were being sued, etc. However, this is a very complex legal issue and you are going to have to have someone sort through it in person.

Please ask any follow up questions in this thread.