Q: Can I request that the auto insurance Company’s lawyer not represent a defendant in small claims court?
The insurance company denied my claim that’s why I am suing for an independent analysis of the accident.
In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend its insured in any lawsuit triggering coverage under the policy.
In those cases where the insured fails to notify the insurance company of a lawsuit and a judgment is entered against the insured, the insurance company no longer has to pay any judgment under the terms of the policy.
Occasionally, insurance companies will not provide a lawyer to its insured in small claims court because there is an automatic right to appeal de novo to the county court. Therefore, even if it breached its duty to defend, there is no harm to the insured because there will be a do-over in county court.
Tim Akpinar agrees with this answer
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