The best insurance dispute lawyer is going to be the one who can provide the best understanding and perspective on insurance claims to enable his or her clients to make the most informed decisions possible.
A lawyer’s role, regarding the dispute, is not to make decisions for his or her clients, but to counsel them on the respective benefits and consequences of the various options before them. In cases involving disputes between insurance companies and their insureds, you would want to consider the following:
- What experience, if any, does this lawyer have in representing insureds in the same or similar matters?
- What experience, if any, does this attorney have in representing insurance companies?
- How many times has this attorney actually presented an insurance case to a jury, and if so, how many times has he or she won?
Insurance Litigation Attorney Representing the Insured
Regardless of whether an attorney is being hired to represent an insured or an insurance company, the attorney must understand his or her opponent's perspective. If an attorney has no experience in representing insurance companies, that attorney is likely to lack a comprehensive understanding of the inner workings of the insurance industry. Oftentimes, lawyers seek to treat insurance companies as they would an individual, as to the manner in which claims are resolved. This is frequently erroneous because it ignores the institutional culture that may exist at a particular company or within the industry itself.
Insurance companies, like all industries, cannot limit their decisions to a claim-by-claim evaluation, but must consider all insurance bad faith claims in the same category. Otherwise, they may suffer an onslaught of the same claim from other insureds who are seeking to maximize their own coverage. If they negotiate one particular claim beyond the scope of their insurance policy, they may then suffer an attack from others, who demand the same treatment. It is in these cases that insurance companies will elect to spend more on the defense of the case than the amount in controversy. Only by working with insurance companies closely can a legal professional understand how to communicate and negotiate on behalf of his or her clients.
Insurance Dispute Lawyer Representing Companies
Conversely, an attorney who only works with insurance companies and no individual insureds, may also suffer from a limited understanding regarding the perspective of the insured. Insurance company attorneys, who represent the industry purely from an ideological perspective, often become hardened to believe that all insurance claims are frivolous, regardless of the facts of the claim. It would be unfair and unwise to categorize all claims in any particular fashion. Instead, each claim must be evaluated upon its own merits.
Insurance Litigation Attorney - Jury Trial Experience
Lastly, because even fewer insurance company lawsuits make it to a jury, than other kinds of lawsuits, the insurance litigation attorney must have actual jury experience. There is an entire universe of lawyers who have benefited financially, representing both the insurance industry and individuals, without actually trying a case to a jury. It would be the equivalent of hiring a surgeon who has never actually conducted surgery to retaining an insurance lawyer who has never tried an adequate number of cases to a jury.
As such, most experienced insurance litigation trial attorneys will maintain a list of their trial successes, and use it as an effective marketing technique. If you seek such a list and none can be provided, you should consider seeking other alternatives. You may also want to consider looking for attorneys who have reached the status of board certification, which can only occur through a minimum amount of time spent in the courtroom, trying actual cases. By doing so, you can assure to maximize your recovery, rather than be held as inventory by an attorney who settles all or most of their cases.
For more information on insurance dispute lawyers and what they represent, please contact Corless Associates at 813-498-1623 or, toll free: 877-517-5595.
