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.
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.
In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
Sign up to receive a 3-part series of useful information and advice about personal injury law.