acadia insurance

[novus]

What is the name of your state? NH

we are a small glass company and did a windshield replacement for a customer in nov 02. with the customers consent we billed acadia insurance. acadia then mailed a check to us which we never received. we were then notified that another glass shop (completely different name) in another state had somehow received the check and deposited it into their account. acadia told us they needed to gwet the money back from the other glass shop before they could pay us. after another 30 days of followup calls they have just notified us that they are "washing their hands " of the matter and it is up to us to get the money from the other glass shop. how do we proceed? sue acadia or the other glass shop? can they legally get away with this?

 

[I AM ALWAYS LIABLE]

What is the name of your state? NH

we are a small glass company and did a windshield replacement for a customer in nov 02. with the customers consent we billed acadia insurance. acadia then mailed a check to us which we never received. we were then notified that another glass shop (completely different name) in another state had somehow received the check and deposited it into their account. acadia told us they needed to gwet the money back from the other glass shop before they could pay us. after another 30 days of followup calls they have just notified us that they are "washing their hands " of the matter and it is up to us to get the money from the other glass shop. how do we proceed? sue acadia or the other glass shop? can they legally get away with this?

My response:

You sue your customer. You can't sue the insurance company because there was no contract between the two of you. And you can't sue the other glass company because the money was never delivered to you - - so, they didn't take anything from you - - it was merely misdirected to them by the insurance company.

When you sue the customer, watch how fast his insurance company "steps up to the plate" to protect their insured from your lawsuit. Eventually, the money will come out of their pocket because they have a contractual duty to protect their insured.

IAAL