Unfortunately, the contract of insurance is an indemnity contract and the insurance company controls the claim and controls the defense. If there is a lawsuit against you, the insurer will hire a lawyer to defend you at it?s expense. You really don't have much say, except IF the value of the liability claim against you is such that your company ought to pay out your limits of coverage to get a Release for you, it needs to do that. Your insurer has a fiduciary duty to you NOT to expose your personal assets to the claimant. You CAN hire your own lawyer, if you wish, on your dime, to try to get your insurer to see the light and resolve the claim. Unfortunately, your insurance agent is not going to be of much, if any, help / assistance to you.
Answered on Sep 12th, 2013 at 2:53 PM