Being Sued

[Phil Rice]

Lots of good advice here. My comments:

Don't panic. In my limited experience, a lawsuit can take a long time, several years. The big majority settle before there is ever a trial. You are not the one they are really after (you hope), but once they decide to sue, they just name everyone they can think of. This strategy generates lots of work for lawyers, because each of the defendants has to hire their own lawyer.

Yes it is a good idea to contact your E&O, ask their advice, and prolly do what they ask you to do. Laws and procedures vary from state to state, but in all likelyhood your attorney needs to file an "answer", and there is a (30 day) time limit. The "answer" will be like a form letter that says you deny everything. If you don't get it filed on time, you automatically lose.

 

[David Mullen]

Your E&O policy probably requires you to notify them immediately. I would not talk to anyone else until after I had discussed it with them. They are the experts you need at this point in time and you want to comply with whatever they required in your policy or after you contact them.

 

[Restrain]

You saw a problem, called for an inspection. Apparently there were undisclosed issues that you brought to someone's attention. The probability is that you are being included simply as part of the overall parties who looked at the property or had some relationship - shotgun suing. They're looking for deep pockets. I would ask your attorney to file for dismissal of you as you have no financial or other interest in the property.

Good luck.

Roger