After hurricane damage - we signed a contract with public adjuster - under extreme duress of being very vulnerable and not knowing what to do to recover damages - to put in briefly he did nothing - out of frustration we hired atty who settled case against insurance carrier - now public adjuster wants to be paid for his contract of 10% of settlement funds. He is suing us in civil court - but we signed a "hold harmless-indemnity clue with carrier in order to be paid final settlement - Question - Am I responsible for insurance carriers defense fee/court costs - even if we prevail in the civil action?

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Originally Posted by underduress

After hurricane damage - we signed a contract with public adjuster - under extreme duress of being very vulnerable and not knowing what to do to recover damages - to put in briefly he did nothing - out of frustration we hired atty who settled case against insurance carrier - now public adjuster wants to be paid for his contract of 10% of settlement funds. He is suing us in civil court - but we signed a "hold harmless-indemnity clue with carrier in order to be paid final settlement - Question - Am I responsible for insurance carriers defense fee/court costs - even if we prevail in the civil action?

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I don't see you prevailing but that's not what you asked -

What is the exact language in the hold harmless clause?

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Originally Posted by JudyKayTee

I don't see you prevailing but that's not what you asked -

What is the exact language in the hold harmless clause?

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I would have no problem paying for service, had any been rendered - nut the adjuster has no record of what he has done regarding my claim, nor has the Insurance carrier had any interactions with him on own behalf. You are correct if the fact that a legally binding contract existed, but he failed to perform, therefor he breached the contract .

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Originally Posted by underduress

I would have no problem paying for service, had any been rendered - nut the adjuster has no record of what he has done regarding my claim, nor has the Insurance carrier had any interactions with him on own behalf. You are correct if the fact that a legally binding contract existed, but he failed to perform, therefor he breached the contract .

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And that will be your defense -

And that will be your defense

A contract between two parties in this case calls for performance and compensation. One can not be compensated if they do not perform. Therefore the failure to perform is the breach of contract - Plain and Simple.

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Originally Posted by underduress

And that will be your defense

A contract between two parties in this case calls for performance and compensation. One can not be compensated if they do not perform. Therefore the failure to perform is the breach of contract - Plain and Simple.

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Yes, and as I said, that will be your defense.