In a civil suit against a local city government, is it a good strategy to enjoin their liability insurance co.

In a civil suit against a local city government, is it a good, effective strategy to enjoin their Liability Insurance Carrier, who’s adjuster, as expected, rejected the claim for damages submitted to the city’s risk management department?

Should the insurance carrier be included and listed as a co-defendant in the pleading for damages?

Or, should the suit/pleading be amended to direct the complaint solely against the city’s Liability insurance carrier and handled similarly like a personal injury case?

Signed, "Plaintiff in Pro Per"

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One Response to “In a civil suit against a local city government, is it a good strategy to enjoin their liability insurance co.”

  1. New Dog Owner Says:

    It depends. But most likely you should just sue the city government (if they are not immune from suit). Technically you have no cause of action against the insurance company. They simply have a contractual obligation to the city to pay judgments against the city up to the limit they have agreed to in the insurance policy. Unless you have evidence (it better be VERY strong evidence) that the adjuster committed fraud you would not have cause of action against them. The basic process is this. You sue the city and get a judgment entered against them. Then insurance company pays up to the limit they set in the policy. If the insurance company refuses to pay at that point the city has the right to sue them for not honoring the insurance policy. That is a vast oversimplification, but gives you the idea of how this works. Honestly if you are suing the city for personal damages, you really need a lawyer to help you out, because it can get very complex. You could have your whole case thrown out because you missed a step. Remember you will have to face a summary judgment hearing and a motion to dismiss, before you can even get to trial. Plus you will probably need witness depositions and the defense counsel will almost certainly want to depose you and you will need lawyer to help you out.