QUESTION

I was knowingly "fraudulently joinded" to a lawsuit and subsequently dismissed from the suit. However, had to pay E & O deductible. Can I recoup this

Asked on Mar 16th, 2015 on Insurance - West Virginia
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by taking legal action against the attorney?
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1 ANSWER

Accidents Attorney serving Martinsburg, WV at Burke Schultz Harman & Jenkinson
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Depending on the circumstances of the dismissal, you could recoup your costs of defense. Did the judge make a finding that you were "fraudulently joined?" Did your attorney move for sanctions under Rule 11 of the West Virginia Rules of Civil Procedure? With more information, I could give you a more definitive answer.
Answered on Apr 10th, 2015 at 12:19 PM

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