What is the name of your state (only U.S. law)? Pennsylvania
On 7/21/16 both my wife and I were served with a law suit. The matter involves a property damage only car accident; my wife struck the back garage wall of our townhouse as she pulling in. This happened on 12/1/14, so more than a year and a half passed before being sued. The damage was $8k and this was paid to me by our homeowners master insurance plan - Millers Mutual Insurance Co - without incident. We also have condo (interior damage) & auto ins with State Farm, Millers insurance, as our HOA master plan, we required to pay.
Upon reading the law suit I’ve learned that it’s Millers position that they believe they are subrogated to Ridgefield Terrace (my development, my HOA and of which I am a part) and have sued my wife and I for the $8K settlement paid to us back in December, 2014. I have subsequently received an original copy of the Ridgefield Terrace insurance documents and have discovered that unit owners (me) have a “waver by the insurer of the right of subrogation.” This is stated in clear, unambiguous language. It appears to me that the law suit was drafted and served without any understanding of this waver.
Since this law suit is hurtful to my wife and I, and filled with inaccuracies regarding an accident investigation that never happened, does this indicate bad faith?
On 7/21/16 both my wife and I were served with a law suit. The matter involves a property damage only car accident; my wife struck the back garage wall of our townhouse as she pulling in. This happened on 12/1/14, so more than a year and a half passed before being sued. The damage was $8k and this was paid to me by our homeowners master insurance plan - Millers Mutual Insurance Co - without incident. We also have condo (interior damage) & auto ins with State Farm, Millers insurance, as our HOA master plan, we required to pay.
Upon reading the law suit I’ve learned that it’s Millers position that they believe they are subrogated to Ridgefield Terrace (my development, my HOA and of which I am a part) and have sued my wife and I for the $8K settlement paid to us back in December, 2014. I have subsequently received an original copy of the Ridgefield Terrace insurance documents and have discovered that unit owners (me) have a “waver by the insurer of the right of subrogation.” This is stated in clear, unambiguous language. It appears to me that the law suit was drafted and served without any understanding of this waver.
Since this law suit is hurtful to my wife and I, and filled with inaccuracies regarding an accident investigation that never happened, does this indicate bad faith?
