My question involves insurance law for the state of: South Dakota
Last September I submitted a demand letter to a business' insurance company for a range of things that included breach of contract, fraud, deceptive trade practices, product liability, failure to warn, and personal injury. The insurance company hasn't denied liability or coverage, and has since hired an attorney to represent the business. Before the attorney was hired, I filed a Demand for Arbitration against the business because an arbitration agreement exists. Because the business wouldn't pay their portion of the arbitration fees and costs, the arbitration company declined to administer the case. According to their arbitration rules, this allows me to file in court. (My SOL is a few months away).
I've been trying to do this pro se, without an attorney. Unfortunately, the attorney the insurance company hired hasn't done anything more than ask for mediation. I declined, and told him I'd prefer he present a settlement offer on behalf of his client to see if we could resolve the matter ourselves. No settlement offer has been made.
I'd really appreciate some input that may help me understand what might be going on behind the scenes. I've never filed an insurance claim against a business before, so this is new territory for me.
My goal is to have them make a settlement offer so we can start a negotiation process.
Any feedback and advise would be appreciated.