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Could I - should I counter sue?

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tammym

Junior Member
What is the name of your state (only U.S. law)? Michigan

I own a building that sustained water damage. When the damage was discovered, I called my insurance agent. My agent said I had to call headquarters to file a claim. I did as instructed. The claims adjuster I spoke with told me to call the local Serv Pro company (my insurance company has a contract with them-it is the only company they use for water) When I had met the Serv Pro guys at my building we quickly discovered that mold had set in (because the building was locked tight, and we had a few days of high heat) at that time, I was on the phone with the claims adjuster-who at the time was not sure if they were going to pay or not-she finally agreed that they would pay.

At this time I was very upset, this is when Serv Pro started giving me papers to sign, It is my fault, I did not take the time to read everything. But they went through the quick "this allows to go into your building" "this states that you are the owner" etc.

After that, I was just a bystander, all decisions were made through Serv Pro and the insurance company. I personally told the owner of this Serv Pro, do not do anything the insurance will not pay for, I can't afford it, he assured me on this day, and on several others that he has done this for many years and knows how to handle insurance companies. He was made aware of what limits my insurance would cover. Long story short, if possible now, I am being sued by Serv Pro. My insurance company was a bit smarter than he gave them credit for, they sent the invoice to an outside audit company who reduced the bill by about 3,000.00 But they over shot my limits anyway. There is a 2,900.00 balance due that the insurance co will not pay and they are coming after me. One of the papers I had signed stated that I would pay anything the insurance company wouldn't. The owner said he would drop it to 1,000.00 even, but has refused to talk to me, he always has an employee-who can't make decisions and was not present when the owner assured me that none of this would cost me out of pocket.

Well, they took over a year, but they are taking to small claims court. Could I - Should I counter sue the owner himself for lying to me
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Michigan

I own a building that sustained water damage. When the damage was discovered, I called my insurance agent. My agent said I had to call headquarters to file a claim. I did as instructed. The claims adjuster I spoke with told me to call the local Serv Pro company (my insurance company has a contract with them-it is the only company they use for water) When I had met the Serv Pro guys at my building we quickly discovered that mold had set in (because the building was locked tight, and we had a few days of high heat) at that time, I was on the phone with the claims adjuster-who at the time was not sure if they were going to pay or not-she finally agreed that they would pay.

At this time I was very upset, this is when Serv Pro started giving me papers to sign, It is my fault, I did not take the time to read everything. But they went through the quick "this allows to go into your building" "this states that you are the owner" etc.

After that, I was just a bystander, all decisions were made through Serv Pro and the insurance company. I personally told the owner of this Serv Pro, do not do anything the insurance will not pay for, I can't afford it, he assured me on this day, and on several others that he has done this for many years and knows how to handle insurance companies. He was made aware of what limits my insurance would cover. Long story short, if possible now, I am being sued by Serv Pro. My insurance company was a bit smarter than he gave them credit for, they sent the invoice to an outside audit company who reduced the bill by about 3,000.00 But they over shot my limits anyway. There is a 2,900.00 balance due that the insurance co will not pay and they are coming after me. One of the papers I had signed stated that I would pay anything the insurance company wouldn't. The owner said he would drop it to 1,000.00 even, but has refused to talk to me, he always has an employee-who can't make decisions and was not present when the owner assured me that none of this would cost me out of pocket.

Well, they took over a year, but they are taking to small claims court. Could I - Should I counter sue the owner himself for lying to me
You are sunk if you signed an agreement to pay any deficiency. You were better off agreeing to the $1000.00

You cannot countersue. You have no physical damages as a result of his "lie."
 

tammym

Junior Member
should I

Should I subpoena the owner, at least make him show up and lie in court?

Are there any laws against business owners who participate in unfair business, by lying to me

What is the statute of limitations on how long they have to sue?
 

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