My question involves court procedures for the state of: Florida
Years ago, I was directly employed with a large insurance company, working as a liability adjuster. I was NOT independently contracted, but was instead a permanent salaried employee. I quit working from the involved insurance company in 2013, and have not worked as an adjuster or within the insurance industry since that time.
Recently, I received a call from a defense attorney who is working on behalf of my former insurance company employer. He notified me that (in addition to the insurance company) I have been personally named as a defendant in a third party "bad-faith" lawsuit. The claimant's personal-injury attorney filed the lawsuit, arguing that evidence pertaining to the claim was misrepresented, or something to a similar effect. I have not been served, nor have I seen a copy of the complaint to know what the specific allegations are, but I can say with complete confidence and certainty that absolutely no misrepresentation or "bad-faith" practices took place. The defense attorney stated that the allegations were flimsy and likely a tactic being used to leverage a settlement negotiation.
My questions are:
-Do I have any personal exposure due to being named as a defendant? I wouldn't think so, but I am asking because the defense attorney couldn't say with 100% confidence that he knew for certain.
-Should I expect to incur any costs to defend myself due to being a named defendant?
I sincerely hope the answer is "NO" to both questions. I was employed and acting on behalf of my employer at the time of the claim being handled, as well as under it's direct supervision. Decisions to settle/deny and strategies undertaken throughout a(n) investigation/negotiation are not necessarily made unilaterally. This particular claim received input and consensus on how to proceed in various phases (including the analysis of the evidence) from my manager and other adjusters. It just so happened that my name was on the file, and that my signature was on the correspondence to the claimant's attorney.
As a side note - I am in the process of buying a new home, and the last thing I need is for the mortgage application process to be complicated by having to disclose that I'm involved with a civil litgation matter. Seems very unfair.
What should I expect to come from this?
Thanks
Years ago, I was directly employed with a large insurance company, working as a liability adjuster. I was NOT independently contracted, but was instead a permanent salaried employee. I quit working from the involved insurance company in 2013, and have not worked as an adjuster or within the insurance industry since that time.
Recently, I received a call from a defense attorney who is working on behalf of my former insurance company employer. He notified me that (in addition to the insurance company) I have been personally named as a defendant in a third party "bad-faith" lawsuit. The claimant's personal-injury attorney filed the lawsuit, arguing that evidence pertaining to the claim was misrepresented, or something to a similar effect. I have not been served, nor have I seen a copy of the complaint to know what the specific allegations are, but I can say with complete confidence and certainty that absolutely no misrepresentation or "bad-faith" practices took place. The defense attorney stated that the allegations were flimsy and likely a tactic being used to leverage a settlement negotiation.
My questions are:
-Do I have any personal exposure due to being named as a defendant? I wouldn't think so, but I am asking because the defense attorney couldn't say with 100% confidence that he knew for certain.
-Should I expect to incur any costs to defend myself due to being a named defendant?
I sincerely hope the answer is "NO" to both questions. I was employed and acting on behalf of my employer at the time of the claim being handled, as well as under it's direct supervision. Decisions to settle/deny and strategies undertaken throughout a(n) investigation/negotiation are not necessarily made unilaterally. This particular claim received input and consensus on how to proceed in various phases (including the analysis of the evidence) from my manager and other adjusters. It just so happened that my name was on the file, and that my signature was on the correspondence to the claimant's attorney.
As a side note - I am in the process of buying a new home, and the last thing I need is for the mortgage application process to be complicated by having to disclose that I'm involved with a civil litgation matter. Seems very unfair.
What should I expect to come from this?
Thanks
Civil Procedure Issues: Former Adjuster Named As a Defendant in Bad-Faith Lawsuit
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