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I am in a civil suit where the defendant is in default but…

I am in a...

I am in a civil suit where the defendant is in default but was bonded under an insurance company where he worked do we need his permission to contact insurance company?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

Suppose to go to trial May 2018 they have filed discoveries they said he skipped town but I found the defendant in another city.

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Answered in 2 minutes by:
3/26/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - you do not need his permission to contact the insurance company and I would notify them immediately of whats going on.

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Customer reply replied 29 days ago
Why would my lawyer say we do.

Based on the facts that you have told me there is absolutely no need for his permission to go after the insurance company or his business.

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Customer reply replied 29 days ago
We have gone to mediation with the company and settled now the second part against the defendant who was bonded by an insurance company which was required by his job ( he was a physical therapy who screwed me up) since they can’t find him my lawyer says he is not being represented by anyone so the cannot talk to insurance company. Insurance company say they are not allowed to talk to us unless the get his permission is that true?

Generally speaking that is true, but if the person has skipped town you can get around the notice requirement by taking out an add in a widely circulated new paper. Then he will be given "notice" and can go after the insurance. The law would not reward the criminal who skipped town.

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Customer reply replied 29 days ago
He has been served so is that enough to talk to insurance co. or do we still run the ad? How can we make insurance company talk to us?

If he has been served that should be enough

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There is no legal reason why you can not get the insurance company involved at this point based on the information you have provided me.

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified
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Satisfied Customers: 335
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