When a liability policy creates a duty to defend, the insurer commonly provides and pays for a lawyer to defend the insured in the liability matter.
The precise legal relationship among the insurer, the insured and defense counsel varies by jurisdiction and circumstances.
If you are the one being sued
The lawyer your insurer provides is there to defend you in the liability case. In Florida, for example, the state says the insurer will provide legal representation if you are sued, until the insurer has paid the policy limit.
Under the ABA’s model ethics rules, a lawyer paid by someone other than the client must not let that interfere with the lawyer’s independent judgment or the client-lawyer relationship.
If the claim could be worth more than your policy limits, or the insurer questions whether your policy covers the claim, ask how that affects you. Those are situations where your own advice may make sense.
If you are the injured person
The defense lawyer is not your lawyer. Their job is defending the person you are making a claim against, so they are not the person to advise you on your own claim.
What we can’t tell you
Exactly who defense counsel’s client is, and how conflicts between an insurer and its insured are handled, varies by state. We have not verified those rules state by state.
Do I need a lawyer for my car accident claim? →Who’s who in an insurance claim? →
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