Define Insurance Defense

Define Insurance Defense thumbnail
Insurance defense is insurance companies defending themselves against lawsuits.

Insurance defense is when insurance companies defend themselves from legal claims made by policyholders. This usually stems from a plaintiff filing a lawsuit after a denial of an insurance claim.

  1. Basics

    • Insurance companies offer protection products including home, auto, life and other insurances to consumers and businesses in exchange for a guaranteed payout on a covered policy claim. Insurance defense comes into play when a policyholder disagrees with the explanation a company gives when it denies payment on a claim.

    Insurance Defense Lawyers

    • Attorneys that specialize in defending insurers against allegations of "bad faith" claim denials are called insurance defense lawyers. The defense lawyer represents the company and presents its functional and legal reasoning behind the claim denial.

    Legal Overview

    • The1944 McCarran-Ferguson Act (15 USCS § § 1011) enacted by Congress provided an overview for insurance defense by delegating industry regulation to states. The Sherman Act, Clayton Act, and the Federal Trade Commission Act offer additional guidance on insurance law when no state precedent is applicable.

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