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insurance claim of payment

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adjusterjack

Senior Member
It's the DuPlessis decision that applies since you have no lease. Though Dix is the basis for DuPlessis.

I suggest just sending the DuPlessis decision to the lawyer. There's enough in there about Dix and he is fully capable of looking it up.
 

re47

Member
was wondering if I send them that would that give them something to plot a defence against it? don't know if showing hand would be a good idea?
 

LdiJ

Senior Member
was wondering if I send them that would that give them something to plot a defence against it? don't know if showing hand would be a good idea?
Believe me the attorney already knows about that decision. What you would be letting the attorney know, is that you ALSO know about that decision.
 

re47

Member
Believe me the attorney already knows about that decision. What you would be letting the attorney know, is that you ALSO know about that decision.
OK,is how they figure negligence going to be a problem ? And if they already know why would they pursue it then?
 

adjusterjack

Senior Member
was wondering if I send them that would that give them something to plot a defence against it? don't know if showing hand would be a good idea?
You have nothing to lose. Besides, the decision is very clear.

OK,is how they figure negligence going to be a problem ? And if they already know why would they pursue it then?
Because for the amount of money involved all they need is an allegation and fear to get the victim to agree to payments. Until they file a lawsuit, they don't have to prove anything.

Also do I need to get a lawyer for this?
Couldn't hurt. But at this point, take a shot without one and see how it goes. You won't be any worse off if you need one later.

OK,um how much money would getting a atterney run for something like this,a ballpark figure
Liability defense lawyers charge about $300 per hour. It could run into many thousands if it goes to trial.

Right now I think you are over thinking this. Send a copy of the DuPressis decision to the attorney without comment. Then wait and see what happens.

Feel free to come back to this thread and report the results.
 

re47

Member
you know what is funny the landlord /tenant subrogation in all 50 states has in its illinois statute ie., sutton rule autoowners ins. company a/s/a john ellis v. thomas callaghan 953 N.E. 2d 119 (Ill.App.2011) is the same insurance company that is trying to get money from me
 

adjusterjack

Senior Member
you know what is funny the landlord /tenant subrogation in all 50 states has in its illinois statute ie., sutton rule autoowners ins. company a/s/a john ellis v. thomas callaghan 953 N.E. 2d 119 (Ill.App.2011) is the same insurance company that is trying to get money from me
:)
 

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