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Notification of a claim or commencement of a suit requires considering what must be done, now. But too much focus on the present without considering a claim’s entire potential lifespan is shortsighted. The possibility of an appeal should influence an insurer’s decisions at each step of a claim. Defense counsel in most jurisdictions represent the insured, not the insurer. This means that, at most, a claims person can influence strategy and decisions. There are a number of considerations for claim handlers where an insurer has a duty to defend or is defending under a reservation of rights.


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