Insurance Lawyer in Billings, MT

In the legal context, insurance disputes can crop up in nearly any kind of case. That is particularly true in Montana, which has unique laws imposing duties on insurance companies that may not exist in other states. Simply put, insurance law is far more nuanced than simply making a claim and waiting to see if the insurance company agrees to pay it.

For instance, an insurance company may have a duty to defend its insured against a claim by providing a lawyer even if ultimately has no duty to indemnify the insured by paying the claim. And in certain circumstances, the insurance company may even have a duty to pay certain portions of claims before the dispute is settled. Often, the very first step of a case is a complex analysis of whether insurance coverage exists.

Thus, if litigation of any kind is a possibility, you would be wise to consider insurance issues at the outset. From coverage disputes to bad faith issues, our attorneys have a wealth of experience in the area.

We’ve gathered some of the most frequently asked questions about an insurance lawyer and answered them below.

Insurance law covers issues relating to insurance claims and policies. An insurance lawyer can handle all aspects of the claims process for insurance companies and policyholders, including:

• Bad faith
• Construction
• First-party wage and medical coverage
• Products liability
• Premises Liability
• Medical Malpractice
• Legal Malpractice
• Insurance coverage
• Third-party liability in an auto accident

The team at RMK Law has successfully represented clients in a broad range of circumstances. Including:

• Ensuring the rights of policyholders are protected if they are sued
• Making sure insurance companies comply with regulations
• Helping to determine if and when an insurance company must pay a claim

Insurance companies have a team of experts and attorneys working with them. We often represent policyholders, leveling the playing field, fighting for a more favorable settlement, and protecting them from excessive financial loss.

How Much Does an Insurance Lawyer in Billings, MT, Cost?

Fees depend on the type of case and the attorney. The three most common fee arrangements are:

Insurance lawyers often charge by the hour, but the other fee arrangements may apply in complex cases. The Rules of Professional Conduct provide guidelines for attorneys to follow when setting their fees.

Several different lawyers may be involved with an insurance claim. However, if it becomes a litigation issue, are three types of attorneys typically involved with insurance cases.

Coverage Counsel

These attorneys review the files of insured individuals and determine if the insurance company owes coverage in a particular case. Sometimes the determination is made before the company decides to extend coverage. Most often, there is not enough time for the review and consideration before the insurer must assign liability counsel. As a result, the coverage counsel may recommend the company no longer insure the individual. They may also suggest filing a lawsuit to determine if the company must protect the policyholder.

Liability Counsel

This is the lawyer assigned by the insurance company to represent the insured in a lawsuit. Generally, the insurance company decides who represents a policyholder when handling a claim. In some cases, the insured may choose the lawyer who represents them from a list of companies that frequently work with the insurer. Depending on the policy, the insurance company and the insured individual split the attorney fees.

Liability counsel answers the complaint in the lawsuit, handles the discovery process, files the appropriate motions, and represents the insured at trial if needed. The lawyer keeps the insurance company up-to-date on the status of the case, which helps the insurer feel confident their interests are protected and ensures the lawyer fees are paid.

Monitoring Counsel

Policyholders may wish to hire their own counsel, ensuring their rights are protected. Monitoring counsel reviews the liability counsel’s files confirming they are taking the right steps for the insured. In addition, the policyholder may have to defend themselves in a dispute with the insurance company regarding coverage. The monitoring counsel can represent the insured if they want to bring a bad faith or faulty insurance claim against the company since they are hired solely by the policyholder.

An insurance lawyer from RMK Law can assess your case and determine how to proceed. If there is proof of bad faith by an insurance company, you may have grounds for a claim.

Some of Our Insurance Litigation Cases

We have:



• Litigated scores of cases involving allegations against insurance companies for bad faith and violations of Montana’s Unfair Trade Practices Act.
• Litigated numerous cases involving declaratory judgment actions over insurance coverage issues and insurance companies’ duty to defend.
• Litigated issues involving insurance companies’ claims handling and advance payment of medical expenses and other undisputed expenses like lost wages.
• Served as an expert witness in a case involving claims against an insurance company for violations of Montana’s Unfair Trade Practices Act.
• Litigated a case involving claims by an auto body collision company against an insurance company for underpayment of claims, bad faith, and violation of Montana’s anti-steering laws.
• Litigated a case involving claims alleging that an insurance company wrongfully sought property damage subrogation against a party who was not at fault in an accident.

Billings' Trusted Insurance Claim Lawyers