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This is an Insurance law Question. An insurer appointed a

Customer Question
This is an Insurance law...
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.
JA: What state are you in? It matters because laws vary by location.
Customer: 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
JA: Has anything been filed or reported?
Customer: 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
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.Category: Legal
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Answered in 3 minutes by:
10/23/2017
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,388
Experience: Licensed to practice before state and federal court
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Customer reply replied 1 month ago
i'd rather use this feature instead of phone
Lawyer: Legal Eagle, Lawyer replied 1 month 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.

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Lawyer: Legal Eagle, Lawyer replied 1 month 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?

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Customer reply replied 1 month 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 1 month 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?

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Customer reply replied 1 month 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 1 month 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?
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