Insurance Defense

I was just served with a lawsuit. What do I do now?

You may have insurance that will provide a defense for you in the lawsuit. For instance, if the suit involves an automobile accident, your automobile insurance will probably appoint an attorney to represent you in the lawsuit. You should immediately notify your insurance company about the lawsuit and follow its instructions about sending a copy of the lawsuit to the company’s appointed attorney.

How do I know whether I have insurance that will apply to a lawsuit?

Call your insurance agent immediately and describe the lawsuit. You may even want to send a copy of the complaint to your agent. Your agent will be able to tell you whether your insurance applies. Follow your agent’s instructions about what to do next.

I have insurance. Do I have to use the attorney appointed by the insurance company? Can your law firm represent me instead?

We are authorized by many insurance companies to represent their insureds. You can call us and we will discuss your representation with you.

I don’t agree with the decisions about my lawsuit being made by the attorney appointed by my insurance company, so I am ignoring her letters and telephone calls. Is this a problem?

Yes, this is a big problem. You have a duty to cooperate with the attorney appointed by the insurance company. If you do not cooperate, the insurance company might deny coverage.

My company has been sued for $1 million dollars, but only has $500,000 insurance coverage. The insurance company has appointed an attorney, but says I may also want another attorney to represent my company because of the large uninsured amount. Should I hire a second attorney?

You should at least talk with an attorney about the situation. The attorney for the insurance company is only concerned about the $500,000 and will not be looking out for your company’s interests over and above that amount. We have represented companies and individuals in this situation and can help you decide what to do. Often, we simply follow the progress of the lawsuit and become actively involved only if there is a problem.

I’ve been sued and have insurance, but the insurance company says the policy does not cover the subject of the lawsuit. When I bought the insurance, I told the agent I wanted the specific coverage and he said the policy had it. What do I do now?

You need to consult an attorney as soon as possible. You have only a limited time to file an answer in the lawsuit or a default judgment could be entered against you. Your attorney may be able to convince the insurance company that it is wrong, or that it should defend you while the question is being decided. You may have a claim against the agent for failure to procure the proper coverage. We have experience with coverage claims and can advise you on how to proceed.