Duties Of Solicitors Appointed By Insurers

While insurers retain control over the conduct of a litigated claim under a policy they will always involve the insured where possible in the decision making process. This makes sound business sense in an increasingly competitive market where client care is an imperative. Insurers though carry the risk and must have the greatest say but what is insurers obligation if a conflict arises between insurer and insured during the case?

The Policy

The policy of insurance is the basis for the relationship between insurer and insured. All policies have conduct of claims clauses of varying specifities but there will be one constant - the insurer retains the entitlement to take over and conduct in the name of the insured the defence or settlement of any claim. As a general rule, an insurer will appoint its own solicitors from a panel of law firms retained by it and those solicitors will act on insurers' instructions. The appointment of the solicitors by insurers to act on