It’s simple to fall into the entice of demonizing the legal professionals on the opposite aspect. I’ll admit that I’ve executed 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 on your shopper. They’re those writing motions to dismiss, pushing for abstract judgment, difficult protection, and typically questioning the very legitimacy of a declare. It could possibly really feel private, particularly when your shopper’s monetary stability, well being, or dignity is on the road.
I used to be occupied with these concepts final evening 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 lawyer Matthew Monson. Earlier within the day, after Badger stated he was flying to Austin to testify in help of his insurance coverage shopper’s place, I wrote:
“I hope your airplane 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 corporations 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 appeared to be the results of Monson not having a full alternative to argue his aspect of the story. The latest Writ 1 vindicated him and vacated the prior findings for that very purpose.
Nonetheless, Matt is a really controversial lawyer who’s disliked by many on the policyholder aspect 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 aspect of the Bar?
Lots of the insurance coverage protection legal professionals I’ve confronted will not be solely exceptionally succesful however are, in reality, fulfilling a vital and underappreciated function 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 sure that coverage language is enforced as written, not stretched to accommodate each unlucky state of affairs.
Insurance coverage protection legal professionals are a number of the most expert attorneys within the courtroom. They’re sharp, well-prepared, they usually know the intricacies of insurance coverage regulation inside and outside. If not, their shoppers, who’re litigation machines, will exchange them with attorneys who’re. Insurance coverage corporations monitor their outcomes, scrutinize their billing, and reward success. In some ways, these legal professionals are like athletes beneath fixed efficiency overview.
When standing on the other aspect of the courtroom, it’s simple to see them because the enemy. They poke holes in your case. They uncover weaknesses. They catch errors, expose exaggerations, and, sure, typically, 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 folks.
However this narrative is simply 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 reality, their very presence makes us higher. They pressure policyholder advocates like me to be extra thorough, exact, and disciplined in constructing a case. Once we win towards a robust protection, the victory means extra. Once 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 gentle.
After all, not each protection lawyer lives as much as this superb. Some push moral boundaries. Some delay and impede unnecessarily. There are dangerous actors, simply as there are amongst policyholder attorneys. Nevertheless, we must always decide people and watch out about generalizations. We must be cautious to not let the warmth of battle blind us to the function our opponents play in preserving the construction of authorized accountability all of us depend on.
So, whereas I’ll proceed to battle arduous for policyholders and butt heads with these insurance coverage firm legal professionals, I believe it’s value taking a second to acknowledge their contribution. They aren’t villains. They’re worthy adversaries. They’re usually the perfect at what they do. Generally, they’re proper. Respecting that doesn’t weaken our trigger; it ought to elevate the requirements we count on of ourselves within the presentation and illustration of our policyholder shoppers.
Thought For The Day
“If there have been no dangerous folks, there can be no good legal professionals.”
— Charles Dickens
1 In re: The Monson Legislation Agency, LLC, No. 13-25-00095-CV (Tex. App. Apr. 30, 2025).