Information Page - Insurance Defense

Insurance Defense - An Overview

In general, insurance defense includes the representation of insureds in defense of lawsuits arising out of an accident or occurrence covered under the insured’s policy and pursuant to the insurer’s duty to defend. However, many insurance defense practitioners also advise and represent insurance carriers in matters involving claims handling, in the defense of litigation or both. Contact Mills & Cooper in Brentwood, Tennessee, to schedule a consultation with an attorney to discuss how our insurance defense practice can help you.

Law of Insurance

Insurance law encompasses common law as well as statutes and administrative regulations at the federal, state and local levels. This includes a variety of federal and state laws and regulations in other substantive areas of the law, such as tax and securities, which affect the insurance industry. In determining what law governs in a particular situation, local counsel's knowledge of the relevant substantive law, including legislative intent, can be invaluable.

Regulation of the Insurance Industry

A majority of state legislatures have established insurance boards or commissions to assist in the enforcement and creation of policies and rules for the insurance industry. Because the authority and types of insurance matters over which state insurance boards have jurisdiction can vary dramatically from state to state, it is important to seek the advice of local counsel familiar with a particular board or commission.

Ever-growing Types of Insurance Policies

As the types of insurance policies available to consumers continue to grow, local counsel with experience and knowledge of specialized areas of insurance law are becoming increasingly important in insurance litigation.

Insurer's Right to Control the Defense

An insurer's right/duty to control the defense is critical to an economical and efficient defense or settlement. A key component of the right to control the defense is the right to appoint defense counsel. An experienced insurance defense attorney can work with an insurer to create a plan to handle the case in accordance with the insurer's legal and economic strategies, including assistance in making decisions regarding settlement.

Insurance defense attorneys who have experience and knowledge of specialized areas of the law, the law of a particular jurisdiction or both, are important to the development of an economical and efficient defense strategy. To speak to an attorney about the insurance defense practice at Mills & Cooper in Brentwood, Tennessee, contact us to schedule a consultation.