FAQ Insurance Defense

Insurance defense attorneys handle a wide range of insurance claims, including:

• Auto insurance: Accidents, property damage, and personal injury claims.
• Homeowners insurance: Property damage, liability, and theft claims.
• Commercial insurance: General liability, workers’ compensation, and property damage claims.
• Professional liability insurance: Medical malpractice, legal malpractice, and other professional errors and omissions claims.
• Life insurance: Disputes over policy terms, benefits, and beneficiaries.

The primary role of an insurance defense attorney is to protect the insurance company’s interests by:

• Investigating the claim: Gathering evidence, interviewing witnesses, and assessing the merits of the case.
• Negotiating with the claimant: Attempting to reach a settlement without going to trial.
• Litigating the case: Representing the insurance company in court if a settlement cannot be reached.
• Preserving the insurance company’s rights: Ensuring that the policyholder complies with the terms of the insurance policy.

While both insurance defense and general liability defense involve defending a party in a lawsuit, there are key differences:

• Scope: Insurance defense is specifically focused on defending insurance companies, while general liability defense can involve a wider range of defendants, such as businesses or individuals.
• Insurance Policy: Insurance defense attorneys must have a deep understanding of the specific terms and conditions of the insurance policy at issue.
• Insurance Company Interests: Insurance defense attorneys must always act in the best interests of the insurance company, even if that means making decisions that may not be in the best interests of the policyholder.

The attorney-client privilege is a legal protection that allows communications between an attorney and client to remain confidential. This privilege is important in insurance defense cases because it allows the attorney to provide candid advice to the insurance company without fear of disclosure.

Insurance defense attorneys are typically paid on an hourly basis by the insurance company. The specific rate will depend on the attorney’s experience, location, and the complexity of the case.

The discovery process is a phase of litigation where both parties exchange information and evidence. In insurance defense cases, discovery can involve:

• Interrogatories: Written questions that must be answered under oath.
• Requests for production of documents: Requests for the production of relevant documents, such as medical records, photographs, and emails.
• Depositions: Out-of-court interviews of witnesses under oath.
• Expert witness disclosures: Disclosures of expert witnesses who may testify at trial.

Insurance adjusters are responsible for investigating and settling insurance claims. In insurance defense cases, adjusters may work closely with defense attorneys to gather evidence, negotiate settlements, and prepare for trial.

The trial process in an insurance defense case is similar to the trial process in other civil cases. It typically involves:

• Jury selection: The process of selecting a jury to hear the case.
• Opening statements: Statements by the attorneys for both sides outlining their case.
• Presentation of evidence: The presentation of evidence by both sides, including testimony from witnesses and exhibits.
• Closing arguments: Final statements by the attorneys for both sides summarizing their case.
• Jury instructions: Instructions given to the jury by the judge regarding the law applicable to the case.
• Jury deliberation: The process of the jury deliberating and reaching a verdict.

Insurance defense attorneys are subject to the same ethical rules as other attorneys. These rules require attorneys to:

• Act honestly and ethically in all dealings with clients, opposing counsel, and the court.
• Protect the confidentiality of client information.
• Avoid conflicts of interest.
• Represent clients zealously within the bounds of the law.