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Colorado Subpoena Duces Tecum Insurance Subrogation

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rcky

Junior Member
In Colorado, we suffered a catastrophic house fire (no injuries) in 2001. Our insurance company has brought a suit against 3 parties (electrical contractor, A/C contractor, FuseBox Manufacturer). After a several years hold while suit dealt with an appeal, it is back on track.

As the home owner I'm being served with a Colorado Subpoena Duces Tecum to provide all information related to the A/C, repair, new construction of the home, fire restoral construction documents, email, pictures, receipts, anything related to the before and after as it it pertains to the HVAC system of our home.

Questions:
1) Should I have retained an attorney at the time of the fire (I was told then that any civil suit brought would have to prove intentional negligence). At the time we did not realize an electrical code had been violated with the installation of the electrical/AC cutoff. Just want to see what the consensus is for educational purposes.
2) Should I NOW retain an attorney?
3) Depositions are scheduled next week with all documents to be delivered.
4) Am I responsible for the costs of duplicating these documents or must I deliver originals (about 5 inches of paperwork some double sided content exists).
5) I received the Colorado Subpoena Duces Tecum via a PDF file in an email sent by the Insurance Company's attorney (he recieved it via email from the defendant's attorney). It arrived 2-27, is this considered a proper process?
6) It's been suggested by the Insurance Company's attorney there is no need for me to retain an attorney. Is this acurate advice?What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
I'm kind of winging it here...but you *should* be able to provide the documents to YOUR insurance company's lawyer and have them do the copying. Shouldn't be anything out of pocket for you and you should be able to get the documents back without a problem.

With that said, *I* would do the copies myself and eat the cost. There's no way I'd let information like that go without having copies of it.

EDIT: "Your" lawyer is provided by the insurance company...
 

Rexlan

Senior Member
I would make one copy and give your insurance that single copy. They can take it from there and at their expense. In the alternate, if they are close you can take them there personally and let them make a copy while you wait. I would never give them the originals. They may want them; however, advise them that they will be made available when and if needed by the Court.

It is never a bad idea to spend a few hundred on another opinion about this with an outside attorney. The insurance company will look to the $$ pocket and, if that is you, they will gladly hand you your head on a plate if they can. Always smart to look out for yourself. They are looking out for the company, not you.
 

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