Legal Question in Civil Litigation in Texas

I Am fixen to get sued over an injury my friend had while helping me at my home. She suffered a severe head injury falling off a step ladder I set up next to a ledge .I went up the ladder first then but then seeing I needed to be in the attic I needed her to go up the ladder and hand me the wire while I caught it in the attic . One of the legs of the ladder moved over the ledge and became unstable and she fell .Her medical bill are about $85,000 and I have a $100,000. Liability homeowners coverage. My insurer denied coverage by opining that she did not have to go up the ladder therefore it was her own fault. Not Taking in to consideration I set the ladder up dangerously close to the edge and did not warn her of the danger that I knew was there. Now I getting sued and they are going for a lot more than my coverage because they got to get enough to pay the bills and pay the lawyer. Now if the insure had paid the claim I would not have gotten sued and have a bill more than the overage. Since the debt was the result of the insurer not paying and forcing her to sue is that bad faith and can I in turn sue the insure for the difference between the coverage limit and the amount of the award?

Asked on 2/06/11, 7:35 pm

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You should make what's called a Stowers demand on your insurer. A lawyer should be able to handle this for you for less than $1,000.00.

Answered on 2/10/11, 10:39 am

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