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is it too late to form an LLC?

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2MD

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

My tenants’ lawyer had sued my insurance company due to some personal injury that had happened on my property. I called my insurance company today and they tell me that it is possible for the lawyer to sue my directly, if they don’t go far with the insurance. At which point my insurance company will represent me anyway. But I couldn’t understand why my insurance is telling me to get a personal lawyer anyway, if they should sue me directly!!
Anyway, since so far the only lawsuit has been against my insurance and not directly against me, is it too late to change my property to LLC to protect my personal assets should they come after me?
 


johnd

Member
No, it's not too late to form an LLC. But do you really think changing ownership of a property ex post facto is going to limit your liability (for an injury occurring before change of ownership)?
 

Ozark_Sophist

Senior Member
The insurance company is not being sued; the property owner is being sued. That means you have already been sued, unless the insurance company owns the property.

If the extent of the injuries and damages exceeds the limits in your insurance policy, you will be responsible for the remaining reward. You may wish to retain your own lawyer if damages exceed your insured amount.

It is too late to from a LLC to protect your personal assets for the current case.
 

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