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How to find a lawyer to file suite against homwoner insurance carrier for paying caim with no liability

Smyrna, GA |

person enters home, 9pm, unnanounced, uninvited. dog stands in front of crying child, person kichs at dog who grabs shoe, trips person who hits head on counter in fall. man with person grans dog and person goes into the bathroom. Dog put outside, person told to leave. State nolle prosque case against dog, :in his home". Ins. lawyer pays "brother lawyer" who learned he had no case after asking for "Jury Trial". Then fought very effort to have case heard by court. Need to clear name and record. Auto insurance went from 35.00 to 80.00 then

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Attorney answers 6


I'm afraid your post contains a lot of phrases I'm not very familiar with (such as "brother lawyer") and there are huge holes in the proceedings. From what I can tell, your homeowners insurance company decided to pay a claim rather than risk litigation, and if you read through your policy you will see that insurance companies typically retain the right to settle a claim even without the insured's permission. Kind of hard to believe that an insurance company would pay a claim brought by someone who walked into your house with a gun given insurance companies are pretty much refusing to pay almost all claims these days. I'm sorry but there is a lot of information left out, and it's impossible to give a more comprehensive answer att.

Andrew T. Velonis

Andrew T. Velonis


I didn't see anything about a gun.


Unless your ins. Policy contains a provision that they cannot settle without your approval and permission (which is common in professional liability policies but not in auto policies) then your ins. co. can settle the case if they determine it's better for them to settle than pay to defend you. A suit against your ins. for bad faith for settling your case against your wishes, as opposed to refusing to settle your case, is pretty much not a viable case. Your option is to find another ins. co.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein for educational and informational purposes only. No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. For more information, contact attorney Rothstein directly at 404-216-1422. Thank you.


You are likely without a remedy. The insurance company is pretty much free to give up their money if they choose to.

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It's paid. Best to put it behind you, and look for cheaper insurance online.


File a complaint with your state insurance board about your auto rate going up because you had a dog claim. Forget the rest.


If it happened in gam consider consulting a Georgia attorney, good luck.

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