Posted On: December 31, 2007, 8:03 pm CST

Posted By: Mikki

Mark...I did win my case in January 2006 and received a judgment for $129,000 plus court costs and interest. The insurance company's lawyers who defended the contractor told him, he was not responsible and they had a reservation of rights and would not pay anthing. Now, two years after the jury made their decision, I'm still waiting for some type of resolution. My lawyer has just filed a writ of garnishment. We'll see what happens. But meanwhile, the contractor left the state of Colorado, moved to California, was not able to retain his license due to the judgment and has now returned to Colorado under another business name. He was able to secure insurance with another carrier because he did not tell them he had a claim. I have spoken with the National Insurance Fraud line and nothing has been done. Meanwhile, he is continuing to work in the state (it appears only one jurisdiction has issued a new contractor's license, the rest have refused due to the judgment). And he has just disolved the original corporation which was the name he used for my project. How does this happen and why didn't the new insurance company cancel him when they found out about the unreported claim...isn't that an obligation of the agent? Also, we've all read the policy (including our AG's office), we never saw a "right of refusal letter" and the insurance company is CLEARLY responsible for the damages...how do they get away with this. I'd appreciate your thoughts. Thanks!