What to do if I used to be a liability adjuster directly employed with a large insurance company and have now been personally named in a lawsuit for an old claim?
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What to do if I used to be a liability adjuster directly employed with a large insurance company and have now been personally named in a lawsuit for an old claim?
I have since quit and am no longer in insurance. I just received a call from a bad faith defense attorney to notify me that, in addition to my former insurance company employer, was personally named in a lawsuit for a claim I once handled. It was filed by the claimant attorney (not the insured), who’s arguing we misrepresented evidence (absolutely not true). The defense attorney reassured that the bad faith allegations are flimsy and ultimately a tactic to leverage a settlement. Since I am no longer employed with the insurance company, do I have a personal exposure in anyway?
Asked on February 7, 2015 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You have personally exposure IF you acted (but of course, an allegation that you acted in the following way is enough to at least force you to defend yourself) "tortiously," or wrongfully. So you would not be liable just because you were an employee at that time; but if you did commit a misrepresentation, which is a wrongful or tortious act, you could be held liable.
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