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Insurance Law Overview for New Attorneys
Post a CommentTypical Tasks Performed by Insurance Attorneys
1/30/2008
Insurance Coverage:
  • Find missing policies
  • Evaluate policyholder liability
  • Assist in pursuit of additional insured rights under other policies
  • Advocate insurer’s (or corporate policyholder’s) position in settlement negotiations
  • Defend bad faith suits seeking contractual and extra-contractual damages
  • Investigate claims for large catastrophe losses
  • Prepare coverage opinions with coverage analysis based on case law interpretation
  • Draft policies and endorsements and revise policy language
 
Insurance Defense:
  • Assess attributes of case
  • Determine any coverage issues
  • Pursue standard litigation strategy—how did accident or event occur; what was proximate cause of injuries, what is monetary value of injuries and/or damage
  • Attempt to do work at best quality but lowest cost to retain status as preferred firm
  • Attempt to show insured not liable or settle quickly
 
Insurance Compliance:
  • Review regulator report/investigation
  • Investigate operations within insurance company to determine specific facts around non-compliance
  • Find conflicting regulations and authorizing statutes to show insurer was attempting to comply
  • Review National Association of Insurance Commissioners (NAIC) model laws to determine if insurer was attempting to follow those if rules unclear within states
  • Draft detailed response to inquiry with cites to insurance regulations, codes, bulletins, NAIC materials, etc.
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