Insurance defense is a type of legal representation that concentrates on insurance issues. Moreover, insurance defense attorneys may work for law firms that provide legal services to insurance companies or as staff attorneys for the insurance company.
The types of policies an insurance company writes, the number of premiums it receives through underwriting, and the benefits it pays out from claims against its policies impact its profitability.
Insurance firms investigate the veracity of claims rather than accepting them at face value, which necessitates legal personnel. Continue reading to know more about insurance defense and where to find an insurance defense attorney in Birmingham, AL.
Special Considerations
Insurance defense can encompass various legal concerns, including insurance policies and claims. Attorneys investigate whether the claim is covered under the insurance policy terms. A claim for flood damage submitted by a homeowner whose homeowner’s insurance does not include flood coverage, for example, would be challenged.
Attorneys are also looking for insurance fraud and bogus claims, such as workers’ compensation claims in which employees may not have been injured to the extent that they claim.
To defend policyholders against claims, insurance companies will use insurance defense lawyers. Insurance defense attorneys may, for example, represent an auto policyholder who is being sued for damages by another driver.
Even if the insurer pays some damages, the presence of an experienced legal team may result in more favorable settlement conditions.
Insurers also use lawyers to check if the contracts and commercial operations with which they are involved are legal. Because insurance laws are mostly determined by state law, insurers may find that what is lawful in one state is illegal.
Insurance grace periods, for example, vary by state, so insurers must be careful not to stop paying delinquent contracts before they’re allowed to.
What Does An Insurance Defense Attorney Do?
An insurance defense attorney works to safeguard the interests of insurance companies as a whole. They primarily play the following roles:
Protecting policyholders—An insurance defense attorney frequently represents a policyholder during judicial processes concerning an insurance claim. For example, if a doctor is accused of medical malpractice, its insurance company will retain an insurance defense attorney to represent and defend them in court.
Determining when an insurance company is required to pay a claim—Insurance defense attorneys can also assist in determining if an insurance company is required to pay a claim. If a policyholder claims that the insurer improperly denied a claim, their attorneys will examine the claim and local laws to assess its legitimacy.
Ensure insurance firms follow laws—insurance defense attorneys in Birmingham have a thorough understanding of state insurance regulations. They work on behalf of insurance companies to ensure that their products follow all applicable regulations.
Who Is An Insurance Defense Lawyer’s Client?
Insurance defense attorneys represent both insurers and consumers. If a driver has GEICO, causes an accident, and is sued by a person injured in the accident, an insurance defense attorney would represent both GEICO and the covered motorist in court.
In this matter, a Birmingham attorney at law represents both GEICO and the driver who was insured by a GEICO insurance policy.
Insurance defense lawyers may solely represent the insurer in particular circumstances. If a policyholder sues an insurance company for an unfair denial, insurance defense attorneys may represent the insurance company in court.
Conclusion
Insurance companies frequently hire an attorney for litigation in Birmingham, AL, to defend their business interests.
For example, when creating or revising their available policies, they may consult an insurance defense attorney to ensure that they comply with local rules. Insurance rules are often governed by state law. Thus a national insurance firm needs an attorney who is familiar with the state’s laws in which they operate and can advise them on how to ensure their actions are legal in that jurisdiction.
The attorneys of McCallum, Hoaglund & McCallum, LLP have over 75 years of combined legal experience. We fervently seek justice for our clients in complex business litigation, insurance defense, medical malpractice defense, product liability, commercial litigation, employment litigation, etc. Contact us if you need an insurance defense attorney in Birmingham, AL.
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