QUESTION
Should our business have our insurance company represent us in small claims court, or represent ourselves? Will an insurance company send a lawyer?
Asked on Aug 16th, 2012 on Business Litigation - Oregon
More details to this question:
Hi, we''re a window cleaning company and were blamed for scratched skylights that we didn''t do. We have facts that the homeowner does go on his roof to clean off debris with a push broom. Scratch marks and patterns match the broom. His roof is flat with a drain (one), He has to clean regularly.
It is 16 skylights and a claim for $8100. Our two guys that worked on it had done 8 skylights each, using different equipment (their own company equipment). Windows on the house were also done with the same equipment but no scratches.
Is it better to represent ourselves in court or have our insurance company. The original date was rescheduled, and the day before our insurance (main company for policy), not our broker, notified us that they wont cover us.
Even though our broker, and the claims adjuster said they would even if we lost. The fact is we''re going to court, but would a judge think it was odd we were defending ourselves? Should our insurance company represent us?
1 ANSWER
Reviews not shown
1 Award
It sounds as if you have a coverage dispute with your carrier. Since your carrier won't provide a defense to you, you don't have a choice about defending yourself. Most small commercial claims are defended by the defendant itself and not by insurance carriers.
So, yes, if you had no coverage dispute, you would want your carrier to defend you. But since they apparently disclaim coverage, you don't have an option.
Answered on Aug 16th, 2012 at 9:43 PM