Seek legal help with your paperwork. Not possible to answer your questions without seeing the paperwork.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.
In order to answer your question properly, an attorney needs to go over the facts and the documentation to determine what appropriate steps are need to proceed with a potential case against the insurance company. Good luck.
Miguel A. Amador is licensed to practice law in Florida and the District of Columbia only. The information provided is for general informational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney