Must You Urge Claimants To Get A Lawyer
Monday, February 19th, 2001 LitigationThe ethical question posed to readers in this column last October 23 was: "Does a professional insurance company claims representative have an ethical responsibility to recommend to a claimant that he or she obtain legal representation prior to settling the claim?" As would be expected, the majority of the comments came from claims representatives and attorneys. One adjuster who handles major litigation for his insurance company commented, "If the claims representative is truly a professional and proficient in the craft, rarely is it necessary to ever require a third party to bring the matter to a fair resolution." However, one producer weighed in with a "no," as the question relates to a first-party claim situation. "As an agent, I believe I work for the consumer. I should be the one that offers that advice."
