tony17112acst
New Member
I was sued for negligent misrepresentation and my insurance company (homeowner's liability) will not defend me. I hired my attorney to ask the court to require the insurance company to defend me.
With such a case, a judge makes a decision based solely on the original complaint and the insurance policy to determine coverage; there is no trial or extra info besides our briefs.
The Insurance company's brief was well organized, outlined, broken up into manageable sections, and enumerated each argument clearly. My attorney's brief was just one long story which wasn't organized or divided up, and did not in any way address or reference the enumerated arguments of the insurance company's brief. It was very confusing; I had to read it 6-8 times to try to see if he covered certain things.
Well, the judge sided with the Insurance company and we now are appealing.
When I received a copy of the Insurance company's Appeal Brief it again was well organized and enumerated. When I received my attorney's Appeal Brief, it again was poorly organized and did not reference any of the opposing arguments directly.
I was so upset, I spent 20-30 hours writing my own REPLY to the Appeal Brief and asked my attorney to use it directly by slightly altering it to fit the legal form required. I also sent him an email asking him to enumerate everything and directly answer each of the Insurance company's arguments. I also asked to send me a copy of the Reply Appeal Brief so I could "check off" on it. He then emailed me that he was slightly offended that I wanted to check off on it. However, I was shocked that he again disregarded my request to organize the Reply Appeal Brief in an enumerated, logical format and wrote another several page story Brief which is hard to follow and does not address the opposing arguments.
1.) Is there some rule that in Briefs the Plaintiff (Ins. Co.) may use enumerated arguments but the Defendant may not?
2.) What can I do at this point?
3.) Am I upset about nothing? Is it common to just write one long chapter that somewhat covers the main arguments instead of addressing the opposing argument directly? If I know the flaw of each opposing argument, why not list them simply?
I believe I lost the decision because our original Brief was poorly organized and difficult to understand. I demanded that he enumerate everything and address each argument of the opposition, but he refused, now we'll probably lose the appeal too.
The Appeal Briefs were submitted two days ago and now the clock is ticking. I would love to withdraw the Appeal Brief and have it re-done, but I don't know if that is even allowed.
Any help or comments are welcomed!! -tony17112acstWhat is the name of your state (only U.S. law)?
With such a case, a judge makes a decision based solely on the original complaint and the insurance policy to determine coverage; there is no trial or extra info besides our briefs.
The Insurance company's brief was well organized, outlined, broken up into manageable sections, and enumerated each argument clearly. My attorney's brief was just one long story which wasn't organized or divided up, and did not in any way address or reference the enumerated arguments of the insurance company's brief. It was very confusing; I had to read it 6-8 times to try to see if he covered certain things.
Well, the judge sided with the Insurance company and we now are appealing.
When I received a copy of the Insurance company's Appeal Brief it again was well organized and enumerated. When I received my attorney's Appeal Brief, it again was poorly organized and did not reference any of the opposing arguments directly.
I was so upset, I spent 20-30 hours writing my own REPLY to the Appeal Brief and asked my attorney to use it directly by slightly altering it to fit the legal form required. I also sent him an email asking him to enumerate everything and directly answer each of the Insurance company's arguments. I also asked to send me a copy of the Reply Appeal Brief so I could "check off" on it. He then emailed me that he was slightly offended that I wanted to check off on it. However, I was shocked that he again disregarded my request to organize the Reply Appeal Brief in an enumerated, logical format and wrote another several page story Brief which is hard to follow and does not address the opposing arguments.
1.) Is there some rule that in Briefs the Plaintiff (Ins. Co.) may use enumerated arguments but the Defendant may not?
2.) What can I do at this point?
3.) Am I upset about nothing? Is it common to just write one long chapter that somewhat covers the main arguments instead of addressing the opposing argument directly? If I know the flaw of each opposing argument, why not list them simply?
I believe I lost the decision because our original Brief was poorly organized and difficult to understand. I demanded that he enumerate everything and address each argument of the opposition, but he refused, now we'll probably lose the appeal too.
The Appeal Briefs were submitted two days ago and now the clock is ticking. I would love to withdraw the Appeal Brief and have it re-done, but I don't know if that is even allowed.
Any help or comments are welcomed!! -tony17112acstWhat is the name of your state (only U.S. law)?
