What Is Insurance Defense?
Insurance companies hire defense attorneys to represent them in various cases (e.g., medical, personal injury, commercial or professionally liability). When a client gets sued, the insurance company hires an attorney to defend the client. Insurance defense attorneys file petitions and motions, attend hearings or settle cases outside court.
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Basics
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Defense attorneys protect their client's interests and rights. If you were involved in an automobile accident, an attorney will defend you if the other party files a lawsuit to recover for damages. Your case might be resolved without ever meeting the attorney if a settlement is reached.
Fee
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An insurance defense attorney might charge fixed hourly rates or a lump sum payment. The hours that an attorney spends on an insurance defense case vary. Unlike plaintiff attorneys, few defense attorneys charge contingency rates (percentage of amount recovered) since the defendant usually does not receive compensation for winning a case.
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Significance
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Individuals can sue their own insurance companies. You might sue if an insurance company acted in bad faith such as by denying or delaying a claim. Consult with a licensed attorney before filing suit.
Features
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Each state maintains its own education requirements or hours that attorneys must complete. Insurance defense attorneys participate in continuing legal education classes after passing the bar exam and becoming a licensed attorney. Some defense attorneys participate in webinars or online courses.
Considerations
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An insurance company usually hires the attorney on behalf of their insured. Insurance defense attorneys might encounter ethical dilemmas that involve conflicts of interest. For instance, an insurance defense attorney should not be involved in a case in which he owns stock in the plaintiff's company.
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