I would like to know if I have a right to have a defense (or an attorney) provided by my insurance company. The other party and I have the same insurance and in Feb. 2015 I sought legal advice and decided to sue the other party personally. The other party was granted an attorney from the insurance then, however I won the case. Now that the other party is looking to appeal (again is provided legal services through the insurance company) however I am not getting the same treatment. The insurance company declared the auto accident as a "no-fault" but when i took the party to court they were found at fault and ordered to pay. So now that the case is being appealed and I have to defend what I already proved in court shouldn't I be able to have an attorney appointed through my insurance?
Answer
Insurance companies provide attorneys for their insureds who are defendants. You are the plaintiff so you have to pay for your own. The situation does not change despite the fact that that defendant appealed the result.
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