No Lawyers For Insurers In Nebraska?

By Mark E. Ruquet

NU Online News Service, May 12, 4:22 p.m. EDT?Proposals to alter Nebraska's rules governing the practice of law could have a negative impact on attorneys for insurers and adjusters, according to an industry trade association.[@@]

Kathleen Jensen, insurance services counsel for the Property Casualty Insurers Association of America, told National Underwriter that changes being contemplated by special committee of the state Supreme Court and the State Bar Association are aimed at correcting a problem created by the activities of store workers at shops selling do-it-yourself legal forms.

The materials include wills and documents to file for bankruptcy or divorce.

Customers, said Ms. Jensen, sometimes turn to store representatives for advice on how to fill out the forms. The store personnel, she said, are not always attorneys and can give inaccurate advice.

When courts throw out the filings because the forms are filled out incorrectly, the customer's only recourse is to re-file, because the rules governing the practice of law do not allow for a civil remedy.

As part of proposed rule changes, Ms. Jensen said the guidelines would make attorneys employed by insurance companies non-attorneys because they do not work with a law firm.

"Attorneys [for carriers'] are a little upset over this," she said. "We are just asking that the definition should be that anyone who is licensed to practice law is considered an attorney no matter who they are employed by."

The proposed rule changes, she said, would also put limits on claims adjusters' discussions of policy issues with insureds that are too narrow for the industry.

"The claims adjuster should be able to explain what is happening with a claim. We should not have to employ an attorney to explain it," she noted.

Ms. Jensen commented that the rule changes are not an attack on the insurance industry, but the working out of language to target a specific practice by the document store operations.

The committee considering changes heard public comment on the proposals today. Their efforts, which began last June, will probably go on through the end of this year, Ms. Jensen said.

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.