I was served with a US district court complaint for a declaratory judgement and other relief. I had filed a circuit court lawsuit against two defendants (board members of a Condo Association where I own two condos) last year for several tortuous and wanton actions against me. The insurance company paid for their representation in that lawsuit and the case is still going on. However, I was recently served with a complaint in US district court filed by that insurance company naming the defendants in my lawsuit and naming me all as defendants and seeking a declaratory judgement. The judgement sought is that they have no duty to defend the defendants in my circuit court case. I am not a party to the transaction between them but the allegation is that they included me in order to "be subject" to the declaratory judgement. Even if they obtain such a judgement, I can't see how I will be bound by as it applies to the transaction between the defendants and their insurance. Is it typical to add people as Defendants for a declaratory judgement? Is it a US court thing? Would you file a motion to dismiss?
Illinois state procedure requires the third party claimant to be named. In federal court the claimant must generally be joined, at least unless the insured initiates the lawsuit against the insurer.
You were named because they have to name you. Let it play out. If the insurer "wins," it might mean you have a better chance to prevail since your opponents would then be paying for their own representation.
I agree with the others, Edelman certainly knows this stuff. I think your question is more, what is going on? You are, I assume, representing yourself, and while there’s nothing wrong with this, when a situation like this comes up there’s nowhere to go but someplace like Avvo - and how much help can this be? What’s at stake is nothing less than whether your lawsuit will be funded. More than that - you may be liable for attorneys’ fees if your claims (whatever your claims may be) are found not to be meritorious. Or even if you simply don’t win. This is something that would keep me up at night, to me it would be worth a small investment in some legal advice to get an unfiltered view of the big picture. My point is, even if you could get a worthwhile answer on this board - could you trust it?
Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice.
advise your insurance company....but remember that there is limited time to respond or obtain additional time to respond....
You do not want a default judgment entered against you. You should file an appearance (even if pro se) and work with an attorney to respond to the allegations in the complaint in so far as they relate to you.
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