Zeke, Zeke, Zeke....seems as if I'm the one who has touched a nerve
. At the outset let me say I appreciate your restraint to not turn this into a lawyer vs non-lawyer barking session. There are some things upon which we have to agree to disagree. Not because either of us is in an untenable position to support our relative positions, but rather we have completely different perspectives.
Keep in mind I used to work for the WC carriers as well as other insurance companies. Some of the stuff I observed while I was pissing out of the tent is why I left that work. Just one real case I handled...person is seriously injured and insured was clearly liable. On the front end I advised company of this and recommended an immediate effort to settle the case fairly. Company gave me the go ahead. Opposing counsel and I negotiated a tentative settlement within 2 months of the injury. Insurance company wanted to go in with a lowball offer. I told them they were nuts to not settle for a more reasonable amount. Insurance company doesn't back down and assigns the case to another lawyer. I write a few CMA letter and watch the case from a distance. The case drug on for 4 years. Goes to trial. The original settlemnt I recommended (and opposing counsel agreed to accept early on) was $200K. Ins company probably spent at least that much to defend. Jury returns a verdict for $4 million. Thats why I'm pissing into the tent now
. Not because of the money but the fact the ins companies will go to any lengths to screw not only claimants but also their own customers. Not to mention slow paying on my legal bills.
As far as your example with the neighbor, understand your frustration. If I were representing you I would have defended it to the end or tried to settle it for nuisance value (i.e., cost to defend) on the front end given the limited facts you gave. I'm suprised it wasn't thrown out early on on the theory he wasn't acting in the course and scope of his employment or on a trespass theory. Damn Judges
