Insurance Defense Law by State

Understanding Your Legal Rights Across the United States

When someone sues you and your insurer assigns a lawyer, that is insurance defense. The insurer pays, but you are the client. Understanding this relationship - and its conflicts - matters.

Insurance Defense Basics

Duty to defend is broad. Insurers must defend claims potentially within coverage. The assigned lawyer represents you, not the insurer, but the insurer pays.

Coverage questions create tension. Your policy may or may not cover the claim. Conflicts can require independent counsel at insurer expense.

Settlement authority usually rests with the insurer within limits. If they refuse reasonable settlement and verdict exceeds limits, bad faith claims may shift exposure.

Duty to Defend

Insurers must defend claims potentially within coverage.

Lawyer Relationship

The assigned lawyer represents you, though the insurer pays.

Coverage Conflicts

Disputes may require independent counsel.

Insurance Defense Law by State

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Understanding Insurance Defense

If sued and your insurer assigned counsel, understanding the relationship helps you participate effectively.

When evaluating potential attorneys, consider these key factors:

  • Your Interests: The lawyer represents you, not just the insurers interest.
  • Communication: You have rights to be informed about your case.
  • Coverage Questions: If coverage is disputed, you may get independent counsel.
  • Settlement Role: Understand your involvement when settlement is discussed.
  • Excess Exposure: Claims exceeding limits may mean personal exposure.

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