by vazdog33 » Thu Jun 02, 2011 05:20 pm
Dear all,
I am currently involved in a civil litigatgion regarding a motor vehicle accident that an employee was involved in.
My carrier is disclaiming coverage. Am I able to transfer my rights to the plaintiff's attorney to enforce any judgment against my carrier? I would like for the plaintiff's to go after the carrier rather hiring a lawyer to start a declaratory judgment action.
I am currently involved in a civil litigatgion regarding a motor vehicle accident that an employee was involved in.
My carrier is disclaiming coverage. Am I able to transfer my rights to the plaintiff's attorney to enforce any judgment against my carrier? I would like for the plaintiff's to go after the carrier rather hiring a lawyer to start a declaratory judgment action.
Posted: Thu Jun 02, 2011 08:15 pm Post Subject:
Am I able to transfer my rights to the plaintiff's attorney to enforce any judgment against my carrier?
You want to give your rights to the party that is suing you? Makes no sense.
What reason did your insurance company have for denying coverage? They cannot deny coverage without an explanation to you.
If the trial results in your business being held responsible for the actions of your employee, your insurance will protect you from the loss -- up to your policy limits -- unless there is a clear exclusion in the contract. That's what you have the insurance for.
Many times, in the event of a traffic collision involving an employee, the employer is sued on the basis of "culpable negligence" -- that had it not been for the directive of the employer, or the permission of the employer, for the employee to be driving around town, the accident would not have happened. Your insurer may be denying the claim on the basis that the employee's driving activity was not "in the course of employment". If the court finds otherwise, your insurer is back on the hook.
If there is a possibility of that happening, your insurer should be providing you with a defense attorney to attempt to prevent it.
Please provide more details as to the nature of the incident and what your insurer has said.
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