Suing Wrong Party Defeats Purpose of Litigation

0
3K

When an Insured Sues a Person Who Was Not Involved In the Purchase of Insurance the Suit Fail

Read the full article at https://www.linkedin.com/pulse/suing-wrong-party-hurts-plaintiff-defendant-court-zalma-esq-cfe and at https://zalma.com/blog plus more than 3550 posts.

Although it is common, when there is a serious injury, to sue every person and entity in sight who might have an obligation to the injured, it is counter productive to sue those not involved. Regardless, David and Margaret Warsow appealed from the summary judgment of the Graves Circuit Court entered in favor of Kentucky Farm Bureau Insurance Agency, Inc. (KFBIA) even though it proved it was not involved at all in the acquisition of insurance.

ZALMA OPINION

Of course, a person can sue a person who takes on the fiduciary duty to obtain the appropriate insurance required or an agent who fails to acquire the insurance required. However, if a person is neither an insurance agent or broker; has no employees in the state, and did nothing with regard to the insurance needed by the Warsows, filing suit against KFBIA was simply a waste of the time of the plaintiffs, the defendants and the court. The plaintiffs are lucky that the court did not sanction them for bringing this action.

Sponsor

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Zoeken
Categorieën
Read More
Other
Private Limitation of Action Provision Defeats Tardy Claim
A Partial Denial Starts the Running of the Private Limitation of Action Read the full article at...
By Barry Zalma 2021-03-05 13:39:07 0 3K
Finance
No Good Deed Goes Unpunished
Eliminating One Piece of Evidence Did Not Deprive the Plaintiff of the Right to Present Her Case...
By Barry Zalma 2022-08-02 13:15:40 0 5K
Politically Incorrect
Year of the Rat
Read the Topic Story Here... I could have sworn her name was Fa Mulan in the original… You...
By Scathing Take 2020-09-14 06:04:19 0 6K