In a civil suit against a local city government, is it a good strategy to enjoin their liability insurance co.
Question:
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 be treated or approached similar to an auto personal injury case?
Signed, "Plaintiff in Pro Per"
Answer:
It depends on the nature of the claim and whether the City has legal immunity against some tort claims.
Although an effective strategy, you will have to make a showing that the Liability carrier was/is somehow responsible for all or part of the damages you suffered.
They will more than likely be removed as a defendant as their only involvement is as insurance carrier for the municipality your are actually suing.
Hope this helps.
Good luck.
Ken Erestu is correct.
The city will not settle this issue quickly, they never do. They will alow it to drag out, probably for 2 years or so.
Once things start to Jell in Deposition, they will consider thier liability; it is a cheap way fopr them to peek at the facts pre-trial in order for them to weigh any liability.
Insurance carriers are just slap happy's who do what thier client says; many Cities have a JPA or "Joint Powers Authority" and they will defend the city and pay any claims from their fund. Consider the JPA a bunch of cities forming a legal Union, pooling funds ect, hiring lawyers ect.
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