My question involves court procedures for the state of: CA
I suffered damages to property and received a payout from insurer for policy limits that covered about half the loss. My insurance company initiated subrogation and I sent a demand letter to the third party tortfeasor and then filed suit. My insurer asked me to join their suit to avoid a res judicata issue and I agreed. After some time had passed the insurer notified me that they had settled their damages and dismissed the case against the third party. My damages had been "submitted" to the third party and I was now free to negotiate. What that really means is that I can now file my own suit and start over......but my question is can I do that. The suit file by the insurer was for total damages and was settled with prejudice. Am I not barred from filing due to res judicata? Is my only remedy to recover from my insurer under the made whole doctrine?
I suffered damages to property and received a payout from insurer for policy limits that covered about half the loss. My insurance company initiated subrogation and I sent a demand letter to the third party tortfeasor and then filed suit. My insurer asked me to join their suit to avoid a res judicata issue and I agreed. After some time had passed the insurer notified me that they had settled their damages and dismissed the case against the third party. My damages had been "submitted" to the third party and I was now free to negotiate. What that really means is that I can now file my own suit and start over......but my question is can I do that. The suit file by the insurer was for total damages and was settled with prejudice. Am I not barred from filing due to res judicata? Is my only remedy to recover from my insurer under the made whole doctrine?
Civil Procedure Issues: Does Subro Settlment by Insurer Bar Insured from Suing 3rd Party for Uninsured Dx
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