Insurance Law | Shell, Fleming, Davis & Menge
In order to understand insurance law, it is useful to understand insurance first. Insurance is a contract in which one party (the “insured”) pays money (called a premium) and the other party promises to reimburse the first for certain types of losses (illness, property damage, or death) if they occur. Insurance law falls into three major categories. In the first category, the insurance company will hire lawyers to represent the insured in case he or she is sued for an event potentially covered by the insurance contract. For example, an automobile insurance company will hire an attorney to represent an insured driver when she gets sued for causing another driver’s injuries. The second category of insurance law involves helping the insured person determine if and when an insurance company must pay a claim. Third, insurance companies typically hire attorneys to make sure the company complies with all applicable laws and regulations, which can vary by state.
Insurance defense attorneys are attorneys that have contracted with insurance companies. Some insurance companies allow the insured to pick his or her own attorney. Insurance defense attorneys work to zealously represent the insured. The insured (policy holder) does not pay the attorney out of pocket rather the insured does. Some clients may have concerns that the attorney is actually working in the best interest of the insurance company, but the attorney hired by the insurance company is the insured’s attorney and owes loyalties to that client, not to the insurance company that is obligated to pay.
Shell, Fleming, Davis & Menge has a long history of experience in the representation of insurance companies and self-insured businesses in the defense of trucking accidents, transportation liability, premises liability, personal injury, wrongful death claims and employment matters.
We also provide advice to clients concerning the rights and obligations of parties to an insurance contract. We have extensive experience in the interpretation of insurance contracts, their application to certain sets of facts as well as the implied obligations that arise from the insurance contract.
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