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.
Selection of Counsel and Venue
Two primary considerations are selection of counsel suitable for a claim and venue. Counsel with significant state court experience is not necessarily a good choice for a federal action, and vice versa. For example, a lawyer with limited federal court experience might not properly preserve issues for appeal in federal court because of a discrepancy between state and federal rules of evidence. Selection of suitable counsel requires considering experience relevant to the claim. In addition, many law firms have appellate specialists who can assist trial counsel with motion practice in district court, and handle a case on appeal. Select the lawyer and law firm you want to handle the case at the district court and appellate levels.
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