Insured Client's Rights

If you are currently being represented by an attorney appointed by your insurance company you should have received a letter advising you along the lines of the following:

As you may know, our firm has been retained by your insurance carrier to represent you in the above captioned claim. Pursuant to the Rule 4-1.8(j) of the Rules Regulating the Florida Bar, we are required to provide you with the enclosed Statement of Insured Client’s Rights. The purpose of this disclosure statement is to inform you of your rights as a client when your legal representation is provided by an insurance company.

We would ask that you review this Statement. If you should have any questions regarding its content, or any other questions during our defense of this claim, please do not hesitate to contact us. We look forward to working with you.

STATEMENT OF INSURED CLIENT’S RIGHTS

An insurance company has selected a lawyer to defend a lawsuit or claim against you.  This Statement of Insured Client’s Rights is being given to you to assure that you are aware of your rights regarding your legal representation.  This disclosure statement highlights many, but not all, of your rights when your legal representation is being provided by the insurance company.

1.        Your Lawyer.  If you have questions concerning the selection of the lawyer by the insurance company, you should discuss the matter with the insurance company and the lawyer.  As a client, you have the right to know about the lawyer’s education, training, and experience.  If you ask, the lawyer should tell you specifically about the lawyer’s actual experience dealing with cases similar to yours and give you this information in writing, if you request it.  Your lawyer is responsible for keeping you reasonably informed regarding the case and promptly complying with your reasonable requests for information.  You are entitled to be informed of the final disposition of your case within a reasonable time. 

 

2.         Fees and Costs.  Usually the insurance company pays all of the fees and costs of defending the claim.  If you are responsible for directly paying the lawyer for any fees or costs, your lawyer must promptly inform you of that.

 

3.        Directing the Lawyer.  If your policy, like most insurance policies, provides for the insurance company to control the defense of the lawsuit, the lawyer will be taking instructions from the insurance company.  Under such policies, the lawyer cannot act solely on your instructions, and at the same time, cannot act contrary to your interests.  Your preferences should be communicated to the lawyer.

 

4.         Litigation Guidelines.  Many insurance companies establish guidelines governing how lawyers are to proceed in defending a claim.  Sometimes those guidelines affect the range of actions the lawyer can take and may require authorization of the insurance company before certain actions are undertaken.  You are entitled to know the guidelines affecting the extent and level of legal services being provided to you.  Upon request, the lawyer or the insurance company should either explain the guidelines to you or provide you with a copy.  If the lawyer is denied authorization to provide a service or undertake an action the lawyer believes necessary to your defense, you are entitled to be informed that the insurance company has declined authorization for the service or action.

 

5.        Confidentiality.  Lawyers have a general duty to keep secret the confidential information a client provides, subject to limited exceptions.  However, the lawyer chosen to represent you also may have a duty to share with the insurance company information relating to the defense or settlement of the claim.  If the lawyer learns of information indicating that the insurance company is not obligated under the policy to cover the claim or provide a defense, the lawyer’s duty is to maintain that information in confidence.   If the lawyer cannot do so, the lawyer may be required to withdraw from the representation without disclosing to the insurance company the nature of the conflict of interest which has arisen.  Whenever a waiver of the lawyer-client confidentiality privilege is needed, your lawyer has a duty to consult with you and obtain your informed consent.  Some insurance companies retain auditing companies to review the billings and files of the lawyers they hire to represent policyholders.  If the lawyer believes a bill review or other action releases information in a manner that is contrary to your interests, the lawyer should advise you regarding the matter.

 

6.        Conflicts of Interest.  Most insurance policies state that the insurance company will provide a lawyer to represent your interests as well as those of the insurance company.  The lawyer is responsible for identifying conflicts of interest and advising you of them.  If at any time you believe the lawyer provided by the insurance company cannot fairly represent you because of conflicts of interest between you and the company (such as whether there is insurance coverage for the claim against you), you should discuss this with the lawyer and explain why you believe there is a conflict.  If an actual conflict of interest arises that cannot be resolved, the insurance company may be required to provide you with another lawyer.

 

7.        Settlement.  Many policies state that the insurance company alone may make a final decision regarding settlement of a claim, but under some policies your agreement is required.  If you want to object to or encourage a settlement within policy limits, you should discuss your concerns with your lawyer to learn your rights and possible consequences.  No settlement of the case requiring you to pay money in excess of your policy limits can be reached without your agreement, following full disclosure.