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I need a “cognizable cause of action”.

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U

uncletofilio

Guest
What is the name of your state? Florida
I need a “cognizable cause of action”.
Scenario:
Fire in small business in 2001.
Insurance Co. adjuster’s estimate to repair inside of store at $13,000.
I hired a restoration company to perform the work.
I authorized restoration co to bill insurance co and get paid directly.
The insurance co., over my objections,forced the restoration co.to perform additional work, running the bill up to $78,000.
Insurance Co. failed to take out their own work order for extra work.
Restoration co. billed insurance co and insurance co. refused to pay.
I offered to pay the $13,000 and restoration co. refused to accept my payment.
Insurance Co. has failed to settle claim and failed to provide an accounting of funds that they did pay out.
Restoration co. sued me.
Former attorney sued Insurer as 3rd Party Defendant, but action was dismissed for lack of cognizable cause of action.
I amended the action to Negligence, Fraud and Misrepresentation.
Judge didn’t accept that either, telling me that I had not come up with the correct cause of action against the insurance co.

I am seeking to make the insuracne co. pay in the event that a judgement is granted against me. I suppose that I should be suing for other damages as well, but this is a start.

Does anyone know what the correct cause of action is in this case?
 



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