When Everyone Says You Can’t Do That

The Challenge

This case presented an uncomfortable scenario:

• The insured homeowner was also the owner and principal of the corporate defendant
• The corporation carried separate commercial liability insurance
• Defense counsel argued that pursuing the corporation was improper, unethical, and sanctionable
• Multiple voices suggested not pursuing subrogation

The conventional wisdom was clear:

You can’t sue your own insured.

Our Approach

The solution was not aggression. It was precision.

Separating the Legal Identities

We conducted a focused forensic and legal investigation that established:

• A single‑walled pipe was installed by corporate employees acting within the scope of their employment
• The negligent work was performed by the corporation, not the homeowner individually

Managing the Sensitivities

We worked closely with our client to navigate a situation where the insured would also be a critical fact witness. That included a highly unusual deposition in which the same individual appeared simultaneously as:

• Homeowner
• Corporate owner
• Corporate representative

When opposing counsel accused our firm of ethical violations and threatened sanctions, we responded decisively — grounding every step in policy language, corporate law, and professional responsibility rules.  Under scrutiny, the ethical objections collapsed.

The Result

After years of disciplined litigation, we secured a large six‑figure settlement, shifting the loss from the homeowner’s insurer to the responsible commercial carrier.

What many believed could not be pursued was resolved through careful separation of roles, duties, and legal responsibility.