First, this question is best answered by your attorney. Whenever you have questions about your on going lawsuit, consult the attorney who is representing you. That's the attorney's job. That's what he/she is there for.
Second, the insurance company isn't the party that was negligent. The insurance company did not do anything to injury you. In this situation, the homeowner's insurance company doesn't have any responsibilities to you, that would come up in your lawsuit.
The insurance company has a duty to cover claims made against the homeowner. So even though the homeowner's insurance company is likely to be paying any successful claim in your lawsuit, they are not a "party" to the lawsuit that should be named in the lawsuit.
John Bisnar, BISNAR|CHASE, Personal Injury Attorneys, http://www.bestattorney.com/california-personal-injury-lawyer.html, 800-956-0123
Answered on Dec 10th, 2011 at 12:37 PM