Menomonee Falls, WI asked in Insurance Bad Faith and Legal Malpractice for Wisconsin

Q: A lawyer for the opposing side said he was gonna be the one to make the decision in my claim is that legal?

The insurance company CNA thought I was going to sue which I wasn’t what happened was the document they sent was for that and I said this is to sue you because it was for medical

Board review. I said that I wasn’t going to sue them and then their attorney ended up calling me and said well from now on, you can talk to me and I’m gonna make the decision in your case I’m pretty sure that’s a conflict of interest and I’m debating if I now need to go get an attorney because there is no lawsuit and I told him there was no lawsuit. I told it was all a miss understanding. I’m pretty sure none of this is legal. .

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A Wisconsin attorney could advise best, but your question remains open for over a week. Some things aren't fully clear from the post - more detail might be helpful. But based on the brief facts, if CNA assigned defense counsel to your case, there's nothing wrong with them being the one to make a decision on your case. In and of itself, that isn't a conflict of interest, and absent further details, it isn't necessarily bad faith.

Insurance companies routinely assign attorneys to files. A Wisconsin attorney might be able to better analyze the issue you raise in terms of a possible conflict, given additional details. Good luck

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