It’s straightforward to fall into the entice of demonizing the attorneys on the opposite facet. I’ll admit that I’ve performed it myself. If you advocate for policyholders, as I’ve for many years, you get used to seeing insurance coverage firm attorneys as obstacles. These are professionals who stand in the best way of justice to your consumer. They’re those writing motions to dismiss, pushing for abstract judgment, difficult protection, and generally questioning the very legitimacy of a declare. It could actually really feel private, particularly when your consumer’s monetary stability, well being, or dignity is on the road.
I used to be eager about these concepts final night time after seeing an image on LinkedIn of Ches Bostick and Steve Badger on the Capitol in Austin, Texas. I then learn a Writ of Mandamus about protection legal professional Matthew Monson. Earlier within the day, after Badger mentioned he was flying to Austin to testify in help of his insurance coverage consumer’s place, I wrote:
“I hope your aircraft journey is delayed or cancelled. Your view is fairly easy: ‘Don’t maintain my insurance coverage firm shoppers accountable for additional contractual damages which they trigger to their policyholder clients when my shoppers act wrongfully.’ I disagree as a result of the regulation ought to maintain insurance coverage firms accountable for wrongful conduct.”
Monson efficiently fought off a sanctions Order in Texas. I purposely didn’t write in regards to the authentic Order as a result of it gave the impression to be the results of Monson not having a full alternative to argue his facet of the story. The current Writ 1 vindicated him and vacated the prior findings for that very motive.
Nonetheless, Matt is a really controversial legal professional who’s disliked by many on the policyholder facet as a result of his views are very public, aggressive, and don’t appear balanced. I ponder who that will remind you of on the policyholder facet of the Bar?
Lots of the insurance coverage protection attorneys I’ve confronted will not be solely exceptionally succesful however are, in reality, fulfilling a essential and underappreciated position in our authorized system. Their job isn’t to disclaim legitimate claims arbitrarily or out of malice. It’s to guard the contractual rights of their insurance coverage firm shoppers. They be certain that coverage language is enforced as written, not stretched to accommodate each unlucky state of affairs.
Insurance coverage protection attorneys are among the most expert attorneys within the courtroom. They’re sharp, well-prepared, and so they know the intricacies of insurance coverage regulation inside and outside. If not, their shoppers, who’re litigation machines, will substitute them with attorneys who’re. Insurance coverage firms monitor their outcomes, scrutinize their billing, and reward success. In some ways, these attorneys are like athletes beneath fixed efficiency evaluate.
When standing on the alternative facet of the courtroom, it’s straightforward to see them because the enemy. They poke holes in your case. They uncover weaknesses. They catch errors, expose exaggerations, and, sure, generally, uncover fraud. Their victories can really feel like private losses, and it’s tempting to color them with a broad brush as chilly, company mouthpieces detached to the struggling of actual individuals.
However this narrative is just too simplistic. Simply as prosecutors will not be villains as a result of they problem legal defendants, insurance coverage protection attorneys will not be inherently unjust as a result of they problem claims and positions taken by policyholders.
In actual fact, their very presence makes us higher. They drive policyholder advocates like me to be extra thorough, exact, and disciplined in constructing a case. After we win in opposition to a robust protection, the victory means extra. After we lose, we must always be taught. Within the uncommon situations the place fraud is current, it’s in everybody’s curiosity to guard the integrity of the system and have it delivered to mild.
After all, not each protection legal professional lives as much as this superb. Some push moral boundaries. Some delay and impede unnecessarily. There are unhealthy actors, simply as there are amongst policyholder attorneys. Nevertheless, we must always decide people and watch out about generalizations. We needs to be cautious to not let the warmth of battle blind us to the position our opponents play in preserving the construction of authorized accountability all of us depend on.
So, whereas I’ll proceed to struggle laborious for policyholders and butt heads with these insurance coverage firm attorneys, I believe it’s value taking a second to acknowledge their contribution. They don’t seem to be villains. They’re worthy adversaries. They’re typically the most effective at what they do. Generally, they’re proper. Respecting that doesn’t weaken our trigger; it ought to elevate the requirements we anticipate of ourselves within the presentation and illustration of our policyholder shoppers.
Thought For The Day
“If there have been no unhealthy individuals, there could be no good attorneys.”
— Charles Dickens
1 In re: The Monson Legislation Agency, LLC, No. 13-25-00095-CV (Tex. App. Apr. 30, 2025).
