Who should be listed as a defendant in a small claims suit?

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Who should be listed as a defendant in a small claims suit?

I leased some property to an individual. The property burned down and I’m filing a small claims complaint against him; however, he says he has an insurance claim to recover money for the fire damage. After contacting the insurance company, they say they need more information from the individual to process the claim, but he has refused to return any of mine or insurance company’s calls. Should I also list the insurance company as a defendant?

Asked on May 28, 2014 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you do not list the insurer as a defendant. The insurer is not a defendant, but rather is someone who has a contractual obligation to pay on behalf of their insured (and often to provide him a legal defense--i.e. pay for his lawyer) under certain circumstances. You only list any persons who themselves caused the damage or loss.


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