My question involves court procedures for the state of: Minnesota
In June, 2006, my now ex-husband secretly filed a fraudulent homeowners insurance claim naming me as the perp. of alleged property damages. We were still married at the time and he had locked me out for 3 weeks. I broke into my own house to retrieve some personal life necessities after the police "dropped" my request for assistance and failed to show up.
Then, in March, 2009, the insurance company sued me. We settled the claim in December 2008 after bad facts came to light (he lied and lied.) I paid them $0, but now I can't sue them for not properly investigating the claim. As a result of discovery, I gained enough physical evidence to interest the police and a criminal investigation is ongoing.
This was excruciating for me to endure. I defended myself Pro Se because I couldn't afford an attorney. Despite the ongoing criminal investigation, the insurance company doesn't seem to care to prosecute him. I consulted with an attorney and was told that since I was not defrauded, I cannot sue him in civil court. How can this be true? He knew I would be wrongfully sued. SOL for defamation in my state is 2 years and the statute is not tolled just because I didn't find out what he said until September 2008.
Q1: Can I set the start date for the SOL of defamation when the lawsuit finally settled in Dec. 2008? Argue: he supported these statements throughout the lawsuit (he participated as a witness/subroger.)
Q: Did I recieve bad advice? Can I sue him for Insurance Fraud after all? Argue: Fraud is a tort so injury should flow to all victims, intended or not.