I can't believe I am going to defend insurance companies. I know I have to do it for a living, but I don't really like it. Usually, I try and convince myself that even though the insurance company is paying my bill and calls the shots, I'm really representing the poor sap insured (whose rates have already increased the moment the lawsuit is served).
Anyway, recently I've worked on cases where the Plaintiff has sued our client, who admittedly was probably negligent, but the plaintiff doesn't sue the party that really caused the wrong. The reason? Because our client has insurance and the really wrong party doesn't. Yup, the Plaintiff presumes that the insurance company will likely pony up at least some money to settle the lawsuit, which is probably right, whereas the really wrong party probably doesn't have two sous to rub together (which may or may not be true). Its annoying because not only does it offend my sense of justice (yeah, I do have one), but it makes more work for me because I then have to prepare a joinder complaint to join the really wrong party into the lawsuit, and serve the complaint (and I have plenty of other work to do, I don't need the extra billables, thank you).
Its not like it costs the Plaintiffs that much extra to add on another defendant, and the plaintiffs in these cases, can well afford the sums. Some plaintiffs (or their counsel) are just too lazy.
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