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Lawyers & Adjusters Must Work Together   

https://zalma.com/blog

Defense Counsel  

Whenever an insured is sued and requires a defense or the insurer is  sued, the insurance adjuster and the defense attorney must understand  their respective roles in preparing the case for trial. They must  develop a rapport with each other and with the insured person or entity  that is being defended, to make communication easier to maintain. Bad  faith lawsuits and poorly tried bodily injury cases seem to arise when  the adjuster and the defense attorney fail to communicate regularly with  each other and the policy holder.  At the first meeting, the attorney and the adjuster should agree on the  division of labor with regard to the preparation of the case, according  to their respective training and experience. Counsel and the claims  person should reach an agreement regarding the handling of the case.  Challenges to Use of in House Counsel  Defense counsel are sometimes employees of the insurance company. Some  attorneys have challenged the use of in-house counsel on the ground that  the insurer, as an employer of attorneys, is not licensed to practice  law. They claimed that the insurer was engaged in the unauthorized  practice of law\\u2014a crime. Attorneys in Texas convinced a trial court on  the issue but the decision was reversed on appeal.  Attorneys have also raised challenges against house counsel because the  employee attorney is alleged to be serving two different masters. As an  employee of the insurer (it is alleged) the attorney cannot do justice  to both his client, the insured, and his employer, the insurer.  \\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 the last two issues  of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/