Dallas, TX asked in Insurance Defense for Louisiana

Q: I am awaiting a lump settlement from a company’s insurance carrier. Can I sue company after for the rest of damages?

Water damage resulted in mold and remediation and treatment that the company’s insurance doesn’t cover; so need to know if I can do a petition for damages against the company after settling with their insurer.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Louisiana attorney could advise best, but your question remains open for two weeks. To receive the lump sum payment, chances are fairly good that the insurance company had you sign a release. If that was the case, the release would have served to let the company off the hook for all further claims in consideration for the settlement money. People can't generally take an insurance payment and then pursue the company - that defeats the entire purpose of insurance. But this is a generality. Only a Louisiana attorney who reviewed your file could provide a definitive answer on your particular situation. Good luck

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