Practice area
Insurance defense
Meridian Law's insurance defense attorneys represent clients in casualty, property and surety matters across Tennessee, including the defense of insured individuals and businesses, from our office in Franklin.
Insurance defense overview
Types of Insurance Defense
Casualty
Meridian attorneys excel in offering comprehensive support to our clients in legal matters arising from unexpected events, such as accidents or negligence. Our seasoned attorneys provide expert representation in claim disputes, policy interpretation, subrogation actions, risk management, and regulatory compliance across diverse industries.
Property
We assist clients facing challenges such as denied claims, delayed payouts, and coverage disputes, ensuring comprehensive representation through thorough investigation, negotiation, and, when necessary, aggressive litigation.
Surety
Surety law is commonly applied in construction, government contracts, and other contractual agreements where a guarantee of performance or payment is required. Emphasizing pragmatic and cost-effective solutions, Meridian assists surety clients in executing post-default strategies, including financing, securing collateral, and negotiating agreements.
What is insurance defense law?
Insurance defense is the defense of a claim or lawsuit against a person or business covered by liability insurance, usually by a lawyer the insurer retains under the policy. Common examples include car accident claims, premises liability and slip-and-fall claims, and other negligence suits against businesses. Although the insurer typically selects and pays defense counsel, the lawyer's professional duties generally run to the insured, who is the client. We keep the insured and the claims professional informed as the case develops. For a recent Tennessee Supreme Court decision on negligence claims against businesses, see what business owners need to know about negligence claims.
What is the duty to defend?
The duty to defend is an insurer's obligation under a liability policy to provide a defense to its insured against claims the policy may cover. Tennessee courts generally decide whether the duty applies by comparing the allegations in the complaint with the terms of the policy. The duty to defend is generally broader than the duty to indemnify, which is the duty to pay a covered judgment or settlement. If some allegations could fall within coverage, the insurer is often required to defend the whole suit, at least until coverage is resolved.
Damages, medical bills and early evaluation
Many defense decisions turn on damages. Tennessee has specific rules on how medical bills are proven and challenged, and limits on certain non-economic damages. We have written about rebutting the presumption that medical bills are reasonable and necessary. We look at these issues early so the insured and the carrier can make informed decisions about settlement, mediation or trial. If a case goes up on appeal, our appellate practice can take it from there.
FAQs
Insurance defense: common questions
What is the duty to defend in insurance?
It is an insurer's obligation to provide and pay for a defense when its insured is sued over a claim the policy may cover. In Tennessee, courts generally decide whether the duty applies by comparing the complaint's allegations with the policy's terms, and the duty to defend is generally broader than the duty to pay a judgment or settlement.
When does an insurer's duty to defend end?
It depends on the policy and the facts. The duty commonly ends when the covered claims are resolved by dismissal, settlement or judgment, and some policies end it once the policy limits are paid. It may also end if a court decides that no claim falls within coverage.
Because the answer turns on policy language, it is worth having counsel review the policy when the question comes up.
What does an insurance defense attorney do?
An insurance defense attorney defends a person or business sued over a claim covered by liability insurance. The work usually includes investigating the facts, responding to the lawsuit, handling discovery and expert witnesses, reporting to the insurer, negotiating settlement and, when necessary, trying the case.
In Tennessee the insured is generally the attorney's client, even when the insurer pays for the defense.
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