Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This is an Insurance law Question. An insurer appointed a…

Customer Question
This is an Insurance...

This is an Insurance law Question. An insurer appointed a law firm to represent the insured. The Attorney claims he is representing both the Insurer and the Insured.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

The Insurance company does not appoint an attorney in time and there is a default. The appointed attorneys claim in a court that the insurance company caused them to default by not sending them the case in time. California

Lawyer's Assistant: Has anything been filed or reported?

Only today they said they were representing both. The insurance adjuster wrote a declaration that she did not give notice until long after the case was filed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just if it is a conflict of interest if the appointed attorney uses a defense that the insurance company was negligent, can he still represent both the insured and insurer

Submitted: 9 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
10/23/2017
Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,201
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Legal Question
Customer reply replied 9 months ago
i'd rather use this feature instead of phone
Lawyer: Legal Eagle, Lawyer replied 9 months ago

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 9 months ago

So, generally in California, a conflict of interest interest can exists unless the attorney gets the written consent from both clients that the dual representation is okay. Do you recall reviewing your policy to determine whether you agreed to that dual representation?

Ask Your Own Legal Question
Customer reply replied 9 months ago
No I sued a Corporation in August and they did not show up to court. i ended up with Default Possession Order. Last week they popped up in court asking to reverse the default claiming that their insurance company was served on August 29 but they did not get it until October 4. Now they are asking to present their case stating the insurer (who they represent too) was negligent. Do they have to withdraw
Lawyer: Legal Eagle, Lawyer replied 9 months ago

I get it. Thank you for clarifying. Generally, no, they won't have to withdraw on those grounds. Typically, the insurance companies will assign an attorney who will represent both the insured and the insurance company as well. Many times, the insurance company will require that the insured agree to be represented by their appointed attorneys. So long as they have the informed consent of both parties to represent them both, they won't have to withdraw. I'm sorry. I'm not sure how well that argument is going to work for them though. If the insurance company was negligent, the court may not be too sympathetic, but in order to make sure the case is heard fairly, they might. What other questions did you have for me?

Ask Your Own Legal Question
Customer reply replied 9 months ago
While I was litigating, an employee of the corp I'm suing had two employees of my healthcare provider ---access my medical records and write derogatory things. They want to settle now. After they do, can I go after my provider
Lawyer: Legal Eagle, Lawyer replied 9 months ago
If you settle, then you are going to have to likely sign a document stating that you will dismiss your claim and any other claims you could have had. So, you just want to make sure that your claim regarding the derogatory remarks is not excluded as a condition of your settlement. What other questions did you have for me?
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,201
14,201 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have several questions regarding settling up with an
Hi,I have several questions regarding settling up with an attorney/firm that represented me as the landlord.He filed a ULD against my tenant.The ULD was for $15,000 which was an estimate for the tenan… read more
Legal Eagle
Legal Eagle
Lawyer
Doctoral Degree
14,201 satisfied customers
Loren, I wrote you a few weeks ago because I and my property
Hi Loren, I wrote you a few weeks ago because I and my property manager are being sued by a former tenant. They would not settle with my insurance company, so we will be responding. A lawyer named Dan… read more
Michael Lykken, Esq
Michael Lykken, Esq
Partner
Juris Doctor
110 satisfied customers
I'm being sued for an auto accident I caused and I have no
I'm being sued for an auto accident I caused and I have no job or assets. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
This question relating to Professional Standards and
This question relating to Professional Standards and possibly Legal Malpractice: My case was an action against a Living Trust. I filed this action naming each party individually, specifically by their… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
There was a slip and fall accident with broken ankle in my
There was a slip and fall accident with broken ankle in my house in PA. The claim which was submitted by injured person's attorney to my homeowner insurance company, was declined. Reason to me unknown… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
In the middle of litigation my (insurance company assigned)
In the middle of litigation my (insurance company assigned) lawyer changed firms. He continued on my case. I just found out that the firm we have moved to represented the Plaintiffs (in my case) again… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
I am suing 2 groups of people. The first is an HOA and the
I am suing 2 groups of people. The first is an HOA and the second is the board of the HOA. Can the same attorney represent both of them? How about if there is a conflict of interest? For example, I'll… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I hired a lawyer to represent me against a condo association.
I hired a lawyer to represent me against a condo association. My lawyer told me at the start of representation, "he has represented in the past the association's insurance carrier." I have now found o… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
What form to use when I want to challenge the issue in "Conflicts
What form to use when I want to challenge the issue in "Conflicts of Interest" regarding the attorney who's representing my old employer and the CEO of the comapny (whom) I also sued him personal? Whi… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
I am in Florida. I am on the board of directors of a Homeowners
I am in Florida. I am on the board of directors of a Homeowner's association and we have a lawyer in a law firm who represents the association and the board. I was also hired personally to assist a co… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
As the Plantiff, what can I do if I feel my attorney did not
As the Plantiff, what can I do if I feel my attorney did not adequately represent me in court and there was an conflict of interest with one of the defense witnesses?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
Hello, My wife, a real estate broker is currently involved
Hello, My wife, a real estate broker is currently involved in a lawsuit. Co-defendants are the broker of the real estate company and another agent (same company). All 3 are being represented by the sa… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I hired an attorney at a california law firm for a loan modification
I hired an attorney at a california law firm for a loan modification and he was disbarred. I asked for my money back and received no response. The State Bar stated they could not help me as he resigne… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I was in a car accident in California just over two years ago.
I was in a car accident in California just over two years ago. I was found at fault. Recently my insurance company contacted me and said I would probably be sued on the matter. (I thought it had been … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
my wife and i filed a restraing order against her sister and
my wife and i filed a restraing order against her sister and her husband and they in turn did the same in return(ro) the attorney that they retained once represented my wife in a criminal case can the… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
If am being sued and I have an attorney representing me, ...
If am being sued and I have an attorney representing me, but then my insurance company agrees to pay for my defense under a reservation of rights because of a covered claim...Must they pay for my atto… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Is it either non-ethical or a breach in the standard
Is it either non-ethical or a breach in the standard of a lawyer''s conduct to delay a settlement offer to pad the length of time represented to client that it is taking for the attorney''s personal f… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
Im being sued. My homeowners insurance is providing a
I'm being sued. My homeowners insurance is providing a defense under a Reservation of Rights letter. One right they reserved was to withdraw defense at any time they determined they were no longer req… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x