What are your rights to contest an insurer’s choice of legal representative in the UK?

Question from Wizzy, What are your rights to contest an insurer’s choice of legal representative in the UK?

Answer from AI:

In the UK, the right to choose your legal representative in a dispute covered by legal expenses insurance is governed by the Insurance Companies (Legal Expenses Insurance) Regulations 1990, which implements the EU Directive 87/344/EEC.

Understanding the Regulations

The regulations state that where recourse is needed to a lawyer to defend, represent or serve your interests in any inquiry or proceedings, you are free to choose your own lawyer. However, insurers often include terms in their policies that limit this right until proceedings are issued or there is a conflict of interest.

Interpreting the Policy

In your case, the policy states that you can choose your own legal representative if negotiations have failed and it is reasonable, necessary and proportionate to issue legal proceedings, or if there is a conflict of interest.

Challenging the Insurer’s Decision

If you believe that the insurer’s recommended panel solicitor does not have the necessary expertise to handle your case, you may be able to challenge their decision. Here are some steps you could consider:

1. Communicate your concerns: Write to your insurer explaining why you believe the panel solicitor is not suitable for your case. Provide specific reasons related to the solicitor’s lack of expertise in employment law, discrimination and whistleblowing.
2. Propose an alternative: Identify a suitably experienced and qualified legal representative who specialises in the areas relevant to your case. Provide their name and address to your insurer as per the policy terms.
3. Seek advice: If your insurer refuses your request, consider seeking advice from a legal professional or the Financial Ombudsman Service.

Seeking Legal Advice

This is a complex area of law and the above steps are general guidelines. It’s important to seek legal advice to understand your rights and the best course of action in your specific circumstances. A legal professional can help you interpret your insurance policy, communicate with your insurer, and represent your interests.

Please note that this information is intended to provide a general understanding of the law. It’s not intended to provide specific legal advice. Always consult with a legal professional for advice tailored to your situation.

For more information, you can refer to the Insurance Companies (Legal Expenses Insurance) Regulations 1990 and the Financial Ombudsman Service.