Who’s really in charge when your insurance company appoints a lawyer to defend you in a Florida civil lawsuit? Most policyholders assume the attorney is fighting for their interests, but the reality is far more complicated—and potentially risky.
Under Florida Statute §627.426, your carrier has the legal right to control the defense, including the selection of counsel and the litigation strategy. The lawyer’s primary duty is to the insurer, not the insured. This means decisions about settlement, contesting liability, and even which arguments to raise are dictated by the carrier’s priorities. If you’re sued, you may have little say in how your case is handled, and failing to demand independent counsel or review reservation of rights letters can leave you exposed.
Common mistakes include ignoring critical communications from your insurer, missing deadlines to object to defense arrangements, and assuming the appointed lawyer will protect your personal assets. Florida Rules of Civil Procedure 1.260 and related deadlines still apply, but the carrier’s interests—minimizing payouts and protecting their reputation—drive every move. To protect yourself, act quickly: request your own counsel if you see a conflict, scrutinize every letter, and understand your rights under the policy. Silence or delay can put your assets at risk, so don’t wait until it’s too late.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
