If i am suing a businesses insurer?

Question

if i am suing a businesses insurer and my lawyer sends legal documents to the business to be forwarded to the insurer and the bussiness does not do so and are unwilling to co-operate can the insurer come back and say because they did not recieve notice from the defendant within a year my claim is barred. can it really be this easy for a bussiness to avoid a claim aginst their insurance simply by not notifying them?????????

Answer 1

You might want to get a new lawyer.  He clearly hasn't done his job here.  If they are saying you are barred, it is probably because the statute of limitations ran.  Your attorney should have known that, and filed suit to protect it.  He doesn't seem very smart or helpful.  

If what you said is correct and you are suing an insurer (which I don't think is correct, I think you are suing the business), it was your lawyer's responsibility to get those documents to the proper party, and get in touch with the insurance company, not just expect someone else to do it.

If you had a very important document to be delivered, would you just hand it to some guy on the street and tell him to take it for you?

You might want to consider a suit against your attorney...

Answer 2

What did the insurer do to you?  If they didn't injure you, you'll lose the case.  You have to sue the BUSINESS.  

The business doesn't HAVE to forward to the insurance company, if they don't want to.  Heck, they might not even have any insurance, anyway!!

YOU, or your lawyer, CANNOT file the claim with the insurer.  If the insurer denies the claim because they were not informed in time to defend it, it does NOT affect whether or not you'll win the lawsuit.  The suit is against the BUSINESS, not the insurer.  It's just easier to get paid, if insurance is in place, and is notified.

FWIW, until there are actually suit papers filed, many policies don't require any notification.  Once the actual suit is filed and the business is served, though, they HAVE to notify the insurer, if they want to be covered under their policy.

IF THEY EVEN HAVE A POLICY.

Answer 3

You are not suing the business's insurer.  You are suing the business.  The business's insurer steps in on behalf of its insured and defends them.  If they are responsible for the loss, the insurer pays on behalf of the insured.  Let the courts do the job.  Your attorney should be filing a summons and complaint against the business you are suing.  Then the business owner will have 30 days to respond.  You could send a copy of the complaint to the insurer if you know the name of the insurer and the policy number.

Answer 4

Do not ask here!!!  Contact your Attorney.... let him do his job.