My client, a home owners association (HOA), was sued by one of the home owners in its community. The HOA submitted the claim to its errors and omissions insurance carrier. The E & O Carrier denied the claim and refused to defend. I filed a declaratory judgment action which resulted in the insurance company agreeing to defend the claim.
Unfortunately, the case went to trial and the HOA lost. As a result, the HOA owed a sizable judgment, and the other side’s attorneys fees and costs. The HOA’s attorneys also incurred significant litigation costs at trial. To add insult to injury the E & O insurance carrier has refused to pay the judgment, or the other side’s attorneys fees and costs. The carrier has also refused to pay the outstanding litigation costs incurred by the HOA at trial.
This week, I filed another lawsuit against the same E & O carrier seeking payment of the above expenses.
As will almost all of my insurance cases, I take no fees and costs from my client. If I win, the insurance company must pay my fees and costs, and if I lose, I’ll work for free.