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Defendant in Personal Liability Case

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lynnck7

Junior Member
What is the name of your state? Florida

I am being sued, along with my former husband and three other couples who all owned oceanfront condominiums in the same complex. The plaintiff is a man (and wife) who owned four other units (and who has filed a number of suits against a number of people). He alleges that my former husband did something (that involved the other unit owners) at the complex that interfered with his selling the four units at an onsite auction, and that it cost him around $2M. At the time that this was supposed to have taken place, my former husband and I had been separated for over two and a half years, he had filed for divorce over fourteen months earlier, and I lived 125 miles away and did not even have a key. (None of the couples involved lived there--the condos were all second homes.) At that point in my life, I had no idea what my former husband was doing in our own hometown, much less all the way across the state at the condo. Later, the divorce decree awarded me the condo, and I have since relocated and live there fulltime. I don't see how I can be held liable in this situation, especially given that during the entire two-plus years of divorce proceedings, his attorney steadfastly maintained that I was not entitled to any of his acquisitions--and they were many--from the date of filing onward (after a 30 year marriage). Here are my questions:

1) Can I be found liable, or is it realistic to think that I can be dismissed as a party to this?

2) A fellow defendant tells me that he is using the services of an attorney furnished by the company through which he has his homeowner's policy. Is it possible that I can do the same? Even if this possible, I'm reluctant to do so because, given the current insurance crisis in Florida, I'm afraid of being cancelled and not being able to get coverage, especially for oceanfront property. (Floridians' policies are being cancelled willy-nilly for any number of lesser reasons.) However, I realize that I stand to lose a lot more if I end up on the losing side of this crazy thing. If I decide to follow through on getting an attorney through insurance, which policy prevails: A) the one which issued the policy that was in effect in both our names on the date of the alleged infraction (which by the way, I don't even know because my former husband will not give me any documents on the condo); B) the (different) company that issued a policy in my name when I got the condo, more than a year after the incident; C)my umbrella liability policy; or D) a combination of these?

Thank you so much for reading this lengthy post and whatever help you can give me!What is the name of your state?
 


moburkes

Senior Member
You haven't stated WHAT you are being sued for, so it is hard to answer if your insurance policy will defend you. However, let's say that they will defend you. Unless you purchased an umbrella policy with a limit of $2M, then your liability coverage is not likely to be enough to pay whatever damages he might receive.
 

lynnck7

Junior Member
Thanks so much for your reply. I didn't go into detail on what the specific complaint is because my post was so long already, but to answer your post:

1) On the day of the auction, for which dozens of potential buyers had put up $50K to be able to bid, it's alleged that my former husband placed For Sale by Owner signs in front of our condo and those belonging, at the time, to the other three couples who are also defendants. (They've all since sold; I now own mine.) The plaintiff asserts that the signs had adverse effects on the auction sale of his four units.

2) My umbrella policy is for $2M. (If the decision is against us, wouldn't the judgment be split among all of us?)

Thanks again!
 

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