Short answer
Who chooses my lawyer after a professional liability claim? Your insurer, not your agent, usually assigns defense counsel. Professional liability insurers often use panels of attorneys who handle design and construction claims in each region. Some policies let you request a specific attorney, subject to the insurer’s approval, and the details depend on your policy.
Who chooses my lawyer if a claim is made against my firm?
Many professional liability insurers keep a panel of approved attorneys in each region who handle design professional claims. The insurer often selects from that panel based on the type of claim and where it is located. Your agent’s location doesn’t usually change that.
Some policies include a choice of counsel provision. If you already know a design and construction attorney you trust, ask your agent early whether the insurer may consider that attorney. Approval depends on the policy wording and the insurer.
Who does what after a claim?
- You report the claim or potential claim as soon as you learn about it.
- Your agent helps you report it correctly, helps you tell a claim from a circumstance and keeps the process moving.
- Your insurer reviews the matter, assigns defense counsel and pays defense costs and covered damages under the policy terms.
Reporting deadlines and notice requirements vary by policy, so read your policy wording or ask your agent how yours works.
Example: a hypothetical out-of-state agent
A Minnesota engineering firm works with an agent based in Florida. The owner worries that a claim would mean a Florida attorney handling a Minnesota dispute.
In this hypothetical, the firm reports the claim promptly through its agent. The insurer then reviews it and may assign counsel from a panel familiar with Minnesota design claims. Whether the firm can request a different attorney depends on the policy terms, exclusions and the insurer’s approval.
Is an out-of-state agent a disadvantage?
The defense team is usually local to the claim, not to your agent. Other factors often matter more:
- Does your agent answer the phone?
- Does your agent understand how claims-made policies work?
- Does your agent help you report on time?
Our professional liability page explains how coverage for design firms is structured.
What to check
- Does your policy include a choice of counsel provision?
- Does the insurer use panel counsel, and how are attorneys approved?
- What are the notice and reporting requirements for claims and circumstances?
- Who do you call first if a demand letter arrives?
- Is there an attorney you would like the insurer to consider?
Related questions
Who assigns defense counsel, my agent or my insurer?
Your insurer, not your agent, assigns defense counsel. Professional liability insurers often use panels of attorneys who focus on design and construction claims in each region. Some policies let you request a specific attorney, subject to the insurer’s approval. Where your agent sits doesn’t change that.
What is panel counsel in professional liability insurance?
Panel counsel are attorneys an insurer has approved to handle claims in a given region. The insurer often selects from that group based on the claim type and location.
Can I choose my own attorney for a professional liability claim?
It depends on your policy. Some policies include choice of counsel provisions, and the insurer typically needs to approve the attorney.