{ "media_type": "text", "post_content": "Does a PI attorney have the duty to investigate/find or know whether defendant has a coverage ? Defendant never interposed an answer and default judgement was granted! By the time the insurance carrier learned about the lawsuit, they argued they lost the opportunity to investigate and develops defense/late notice defense bcz insured did not notify them about the suit. Any input? Can PI attorney get in trouble for not investigating or notifying the carrier ?", "post_id": "62605266d96ab8002daa720f", "reply_count": 6, "vote_count": 1, "bowl_id": "5dfa4e0195e1e900207aa99f", "bowl_name": "Personal Injury Lawyers ", "feed_type": "bowl" }
null

Does a PI attorney have the duty to investigate/find or know whether defendant has a coverage ? Defendant never interposed an answer and default judgement was granted! By the time the insurance carrier learned about the lawsuit, they argued they lost the opportunity to investigate and develops defense/late notice defense bcz insured did not notify them about the suit. Any input? Can PI attorney get in trouble for not investigating or notifying the carrier ?

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Maybe it depends on the jurisdiction and type of law. Here in Utah PI attorneys for auto accidents are not under a duty to find out defendant's coverage before getting a default judgment. However, I would expect that the carrier would likely fairly easily get the default overturned, and litigation would proceed forward. Even if not, they may argue that a lack of cooperation from their insured nullified coverage. I don't think that argument would/ should ultimately be successful though, but they could cause a headache for you.

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In NY it is usually easy to get insurance info for auto case not premise which is why I ask. My old firm we would often vacate default and accept the answer if there was coverage to keep insurance company in case. Don’t know if defendant has assets if the insurance has a valid disclaimer.

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Depends on your state. In Texas, we do not have an obligation to research insurance, and in fact, the Defendant isn't required to notify their insurance company at all.

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Is this an auto case or a premise case?

I sent a response below. No duty but May want to accept the answer.

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