What is the role of the Attorney General?
Dec 28, 2014 · Insurance Law Lawyers all know that in many instances an insurance company hires the attorney who represents a person or entity being sued. The issue comes up, “who does the attorney work for, the insured or the insurer?” A 1973, Texas Supreme Court case discusses this issue and is still good law.
What does a national insurance company lawyer do?
While the Attorney General represents state departments in legal matters, he does not seek to impose his own policy judgments or control the administration of the business of his client agencies. For assistance in resolving a problem with a state agency, we suggest that you contact the director of the agency, your representatives in the ...
When does the state Attorney General become involved in a case?
Usually, the lawyer is part of an outside law firm that has a business relationship with the insurance company. The insurance company pays the lawyer to represent you, the client. It’s tempting to think that when the insurance company pays to defend you, the lawyer favors the insurance company’s interests over the client’s interests.
Why hire an insurance defense attorney?
Jan 16, 2019 · An insurance defense attorney can represent insurers and their policyholders in all aspects of the claims process, including: Automobile third party liability. Uninsured and underinsured motorist claims. First-party wage and medical coverage. Property and homeowners claims. Premises liability. Products liability. Professional liability.
What is the main purpose of the Attorney General?
The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021
What is the most important duty of state Attorney General?
Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.
What is the role of the NSW Attorney General?
The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.
What does the Attorney General do in Virginia?
The Attorney General of Virginia is a publicly elected executive official in the Virginia state government. The attorney general provides legal advice and representation for all state agencies.
Can the state Attorney General prosecute local cases?
Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.
Does NSW have an attorney general?
The current attorney general, since 30 January 2017, is Mark Speakman, SC....Attorney General of New South Wales.Attorney-General of New South WalesMember ofParliament Cabinet Executive CouncilReports toPremier of New South WalesSeat52 Martin Place, Sydney12 more rows
What is the difference between solicitor general and attorney general?
The Solicitor General for India is the second law officer of the country, assists the Attorney General, and is himself assisted by four Additional Solicitors General for India. Unlike the Attorney General, Solicitor General does not tender legal advice to the Government of India.Aug 11, 2017
How do you address the attorney general NSW?
To ensure the speediest handling of messages, please select the correct address....The Hon. Mark Raymond SPEAKMAN, SC MP.AThe Hon. Mark Speakman, MP 52 Martin Place SYDNEY NSW 2000PostalThe Hon. Mark Speakman MP GPO Box 5341 SYDNEY NSW 2001P(02) 8574 6390EContact the Attorney General
Who does the Attorney General provide legal advice to Virginia?
The Office also represents those agencies in court. Provide written legal advice in the form of official opinions to members of the General Assembly and government officials. Support the Constitution of the United States and the Constitution of Virginia.
What is the primary responsibility of the Virginia General Assembly?
About the General Assembly Today, the General Assembly of Virginia is made up of two houses, the House of Delegates and the Senate. All members of the General Assembly are elected by the voters from their respective districts. The primary duties of the General Assembly are to make, amend, and pass laws.
Who can request an Attorney General opinion in Virginia?
A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the Attorney General for an official opinion on the law. Members of the general public are not authorized to ask for opinions.
What is the role of the Attorney General of California?
The Attorney General's role in legislative matters is limited to making recommendations to the California Legislature regarding needed changes in law and to enforcing the laws the Legislature enacts. You may wish to share your concerns with your representatives in the California Legislature.
Who is responsible for investigating a crime?
After investigating the crime, the local law enforcement authorities may forward the case to the county district attorney's office for prosecution, if appropriate.
How to complain about a California attorney?
Your complaint about a California attorney should be directed to the State Bar. You may contact the Bar as follows: Telephone: (213) 765-1000 (outside of CA) or (800) 843-9053 (toll free) Your complaint about a California judge should be directed to the Commission on Judicial Performance.
What is the Commission on Judicial Performance?
The Commission on Judicial Performance is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges. You may contact the Commission as follows: Commission on Judicial Performance. 455 Golden Gate Avenue, Suite 14400.
What is a business statement?
Ask for a business statement. A business statement should describe the daily practices of the company. It should provide general information on the company, such as the number of years in business, its locations, the owners and a description of its organizational structure.
Where does unclaimed property come from?
The unclaimed property typically stems from bank accounts, dividends, uncashed checks, matured or terminated insurance policies or certificates of deposit. If you want to find out if California is holding money or property for you, please contact: Office of the Controller. Division of Collections.
Can a lawyer accept payment from a third party in Georgia?
And it doesn’t matter who is paying the lawyer’s bill. Rule 1.8 (f) says that a lawyer cannot accept payment from a third party for the client’s legal bills unless three things happen. First, the client must consent.
Is a law firm a business?
Law firms are a business, too, and face the same business pressures. Plaintiffs’ lawyers often argue that defense lawyers are more interested in protecting, or continuing to bill, the insurance company rather than protecting their actual client. But as the client, you have a say-so in how the litigation goes.
Why do insurance companies hire an attorney?
For example, they may consult an insurance defense attorney when creating or modifying their available policies to ensure they align with local regulations. State law is generally the governing force behind insurance regulations, so a national insurance company needs an attorney who knows the laws of the state in which they’re operating intimately and can advise the company how to ensure their practices are lawful in that state.
What is insurance defense?
What Is an Insurance Defense Attorney? Insurance law includes a wide range of issues relating to insurance policies and claims. Essentially, an insurance defense attorney deals with three categories: ensuring policyholders are protected if they are sued, helping people determine when insurance must pay a claim, ...
What does an attorney do for a company?
On the defense side, attorneys help insurance companies or self-insured employers mitigate their exposure and defend against workers' comp claims. They must understand the claims-handling guidelines for each business unit they work with and be able to budget costs and calculate exposure.
What can a worker's compensation attorney do?
A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages.
What is the job of a workers comp lawyer?
The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability. Typical job functions of a workers' compensation lawyer include: Gathering medical evidence and medical records.
What are some examples of accidents at work?
Accidents can be pretty common at work—a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome as a result of years of typing are all common examples. A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, ...
How much do claimants attorneys charge?
It's more customary that they work on a contingency basis, collecting a percentage of any award received for a claimant, anywhere from 10% to 33%. Some state laws cap the percentage.
Where do workers comp attorneys work?
Workers' comp attorneys work in an office environment, often employed in a law firm or in a corporate legal department. Frequent travel to hearings, arbitrations, depositions, and job sites can be required.
What are the laws that cover federal employees?
Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen, and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, ...
What rights do you have as an insured?
As an insured one of the rights you have is the right to select your own lawyers and typically your own environmental consultant. To put this in context, the attorney defending your claim works for you and not your insurance carrier. The insurance carrier must pay for the defense of the claim. Within reason, the “duty to defend” by an insurance ...
What do you need to know about insurance?
What you need to know about your insurance coverage: You have the right to select your own lawyer and typically your own consultant. Understanding your rights as an insured will benefit you in several ways. As an insured one of the rights you have is the right to select your own lawyers and typically your own environmental consultant.
What is a claim handler?
The claim handler has a job to do and they are oftentimes evaluated and rewarded on, among other things, metrics associated with how much your claim costs in comparison to “similar” claims . Additionally, most insurance carriers do not have separate environmental claim departments.
Who is Stephen Henshaw?
Stephen Henshaw, CEO at EnviroForensics & PolicyFind has over 30+ years of experience and holds professional registrations in numerous states. Henshaw serves as a client manager and technical manager on complex projects involving contaminated and derelict properties, creative litigation, deceased landowners, tax liens, non-performing banknotes, resurrecting defunct companies and cost recovery. Henshaw’s expertise includes a comprehensive understanding of past and current industry and waste handling practices and the fate and transport of chlorinated solvents in soil and groundwater. He has served as a testifying expert for plaintiffs and defendants on high profile cases involving causation and timing of releases, contaminant dispersion, allocation, damages, past costs, and closure estimates. He has a strong knowledge of state and federal regulations, insurance law, RCRA, and CERCLA. He has managed several hundred projects including landfills, solvent and petroleum refineries, foundries, metal plating shops, food processors, dry cleaners, wood treating facilities, chemical distribution facilities, aerospace manufacturing facilities, and transporters and provides strategy instrumental in funding projects and moving them to closure.
What is the duty to defend?
Within reason, the “duty to defend” by an insurance carrier includes paying for your legal defense and includes assessing and determining your liability and exposure. The only way to understand your liability and exposure is to collect enough data to determine the extent and magnitude of the problem and to determine the cost of the cleanup.
What is a tripartite relationship?
In the former, you have to understand who employs your attorney. When an insurance company retains a lawyer to “represent” you on your claim , this is referred to as a tripartite relationship. A tripartite relationship refers to the relationship among an insurer, it’s insured, and defense counsel retained by the insurer to defend the insured against third-party claims. This relationship can present actual or potential conflicts between the insurer and the insured, placing defense counsel in a difficult, and often confusing, positions.
Why is it important to understand your rights?
It’s imperative you understand your rights in order to make the best decisions pertaining to selecting the best legal counsel and that attorney providing the best legal defense for you. The best thing that you can do is to understand your rights.
What happens if your insurance company denies your claim?
If the company doesn’t deny your claim, it can at the least delay payment of benefits until it further examines your medical records related to your claim.
What happens if your employer denies your claim?
If the company doesn’t deny your claim, it can at the least delay payment of benefits until it further examines your medical records related to your claim.
How far back can you get medical records from a worker's comp claim?
Workers’ compensation insurance companies will try to request extensive medical record history from claimants, sometimes going back as far as 10 years or more.
What is a medical record disclosure?
A description of the purpose for the medical record disclosure and the information that will be disclosed. The name of the entity or person who will receive the disclosure. The name of the doctor or the facility that will release the information. Workers’ compensation benefits are paid out to employees who show that the injury or illness they have ...
Summary
- State attorneys general can be key allies in protecting workers’ rights. While there are variations in the structure, resources, and jurisdiction of state attorney general offices, these offices often have a range of powers that can enable them to play a key role in advancing and defending work…
General Background on State Attorneys General
- All 50 states and the District of Columbia, as well as Puerto Rico and other territories, have attorneys general. Although 43 of these attorneys general are elected statewide on a partisan basis, the staffs of these offices are generally career and operate in a professional, nonpolitical manner.2 Within the variety of office structures, most state attorney general offices have the foll…
Conclusion
- State attorney general offices can be key allies in protecting workers’ rights. While there is variation in their structure, resources, and jurisdiction, state attorneys general have a range of powers that can enable them to play a leading role in ensuring legal compliance by employers and advancing and defending workplace protections.
Acknowledgments
- The authors would like to acknowledge Faisal Sheikh of the American Constitution Society for his work on An Overview of State Attorney General Labor Jurisdiction(Gerstein and Sheikh 2017), which helped inform this report.
About The Authors
- Terri Gersteinis an Open Society Foundations Leadership in Government Fellow and a Fellow at the Harvard Law School Labor and Worklife Program. Previously, she worked for over 17 years enforcing labor laws in New York State, including as a Deputy Commissioner of Labor and most recently as Labor Bureau Chief for Attorney General Eric Schneiderman. Before her government …
Endnotes
- 1. Those states are: California, Florida, Georgia, Illinois, Michigan, New York, North Carolina, Ohio, Pennsylvania, and Texas. See Cooper and Kroeger 2017. 2. See the StateAG.orgwebsite. 3. FLA. CONST. art. X, § 24(e) (2004) (“The state attorney general or other official designated by the state legislature may also bring a civil action to enforce this amendment.”); OHIO CONST. art. II, Secti…
References
- Bureau of Labor Statistics (BLS). Various years. Current Employment Statistics (CES) [public data series]. Data from the CES are available through the CES National Databases and through series reports. Carré, Françoise. 2015. (In)dependent Contractor Misclassification. Economic Policy Institute, June 2015. Colvin, Alexander J.S. 2017. The Growing Use of Mandatory Arbitration: Ac…
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