My husband rear-ended some folks and they are suing us, do I need to retain independent counsel separate from the lawyer our insurance company hired to represent our interests?

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The attorney hired by your insurance company owes an ethical obligation to represent you and your husband as if you had personally retained him for your own defense. There may be some limit to what extent the attorney is required to represent you, however; the ethical obligation owed to you requires that the attorney inform you of the limits of his representation and counsel you as to when you will need to find separate counsel to continue to protect your personal assets. Until then, the insurance company acts as a surrogate on your behalf and will make all the decisions regarding litigation until it no longer has a legal obligation is cover you. Prior to this, the insurance company is in the driver’s seat and you and your husband are along for the ride.

 

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