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Selecting and Working with Defense Counsel to Protect an Insured   

https://zalma.com/blog

In instances where insurance claims may entail litigation, insurers must  move quickly to engage counsel. When an attorney is retained to defend a  person insured, the fact should be documented in writing by the  attorney, the adjuster, and the insured who is to be defended.  Before an insurer retains an attorney to represent an insured to defend  an insured who has been sued for a tort the claims person should be  certain the lawyer is competent to defend the insured. This can be  accomplished by attending a trial conducted by the lawyer where the  claims person can evaluate the lawyer\\u2019s competence at trial. If that  option is not available the claims person should seek recommendations  from other insurance claims professionals who have retained the lawyer  in the past or the insurance company\\u2019s list of approved defense lawyers  who have been evaluated by the insurer\\u2019s management.  If the attorney is being retained for the first time by the insurer, the  insurer should obtain an engagement letter from the attorney setting  forth the terms and conditions of the retention and signed by the  attorney, the claims person, and the insured. If the attorney or law  firm has an ongoing relationship with the insurer, only the person being  defended need sign an engagement letter.  \\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders. He also serves as an arbitrator or  mediator for insurance related disputes. He practiced law in California  for more than 44 years as an insurance coverage and claims handling  lawyer and more than 52 years in the insurance business. He is available  at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and Read last two issues of ZIFL here.