Best Insurance Defense Lawyers in Kansas

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:


Founded in 1998
5 people in their team
English
Our firm is committed to providing exceptional legal services in our respective areas of practice. We offer expertise in a variety of practice areas.We value accessibility, mastering subject knowledge, and responsiveness. We offer expertise in a variety of practice areas, and represent local,...
Stinson LLP
Wichita, United States

Founded in 2002
985 people in their team
English
Complex legal challenges are best approached with sharp insight and creative solutions. At Stinson, our attorneys combine industry knowledge and business acumen to deliver practical legal guidance to clients ranging from individuals to privately-held enterprises to international corporations. We...
Gates Shields Ferguson Swall Hammond P.A.
Overland Park, United States

Founded in 1980
13 people in their team
English
About Gates Shields Ferguson Swall Hammond P.A.A Full-Service & Experienced Kansas City Law Firm with Locations in Overland Park, KS & Liberty, MOGates Shields Ferguson Swall Hammond P.A. is a full-service law firm comprised of seasoned attorneys who are experienced in a wide array of...
Fleeson, Gooing, Coulson & Kitch, LLC
Wichita, United States

Founded in 1886
24 people in their team
English
ABOUT OUR FIRMFleeson Gooing is a full-service law firm in Wichita, the largest city in Kansas. Our firm has received the Martindale-Hubbell Law Directory’s “AV” rating, and is listed in Tier 1 in fifteen different practice areas in the U.S. News and World Report rankings of the best law...
Logan Logan & Watson, L.C.
Prairie Village, United States

Founded in 1978
8 people in their team
English
At Logan Logan & Watson, L.C., we pride ourselves on being a full-service law firm that provides a variety of legal services, while devoting significant time to civic leadership in the Kansas City area. The philosophy of the firm has been the same since its inception more than 30...
Gibson Watson Marino LLC
Wichita, United States

Founded in 1947
8 people in their team
English
A Legal Team Dedicated To The Wichita AreaGibson Watson Marino LLC was founded on the principles of dedication to our clients and the persistent pursuit of excellence in service. For decades our attorneys have helped families and businesses in our community find solutions to their legal problems....
AS SEEN ON

About Insurance Defense Law in Kansas, United States

Insurance defense law in Kansas focuses on representing insurance companies and their insureds in legal disputes. These often involve claims arising from car accidents, property damage, professional liability, or other incidents covered by insurance policies. Attorneys in this field work to ensure that insurance companies fulfill their obligations under the policy terms, defend against fraudulent or exaggerated claims, and represent policyholders in lawsuits where the insurer has a duty to defend.

In Kansas, insurance defense lawyers are well-versed in both state insurance regulations and litigation practices in state and federal courts. Their primary goal is to protect the interests of insurance providers while ensuring policyholders' rights are respected.

Why You May Need a Lawyer

There are several scenarios where individuals or companies may benefit from legal assistance in insurance defense, including:

  • Being named in a lawsuit after an accident or incident covered by insurance
  • Disputing an insurance claim denial or limitation by the carrier
  • Suspecting insurance fraud or misrepresentation
  • Complex liability claims where multiple parties are involved
  • Settlement negotiations that require legal expertise
  • Facing bad faith allegations from policyholders
  • Navigating compliance with Kansas insurance laws and regulations

Engaging a lawyer early can help prevent costly errors, ensure compliance with all applicable deadlines, and provide a strategic advantage in negotiations or court proceedings.

Local Laws Overview

Insurance defense in Kansas is governed by a combination of state statutes, insurance commission regulations, and case law. Key aspects include:

  • Comparative Fault System: Kansas follows a modified comparative fault rule, meaning if a claimant is 50 percent or more at fault for an incident, they cannot recover damages. This impacts how insurance defense attorneys approach liability disputes.
  • Statute of Limitations: Most personal injury claims in Kansas must be filed within two years of the incident. However, the time limits can vary depending on the type of claim.
  • Bad Faith Insurance Laws: Kansas law recognizes claims against insurers who unreasonably refuse or delay payment on valid claims. Defense attorneys must be prepared to address bad faith allegations.
  • Kansas Insurance Department Oversight: All insurance policies and practices must comply with the standards set by the Kansas Insurance Department, which enforces consumer protections and fair claims handling.

Additionally, Kansas courts have specific procedural rules for civil litigation that influence how insurance defense cases are handled, including requirements for discovery, mediation, and trial.

Frequently Asked Questions

What does an insurance defense lawyer do?

An insurance defense lawyer represents insurance companies and their policyholders when claims are made or lawsuits are filed. They handle all aspects of the defense, from investigation to court appearances, negotiations, and settlements.

Who pays for the insurance defense lawyer in Kansas?

Usually, the insurance company provides and pays for the defense lawyer when the claim arises out of a covered event under the policy. However, in certain disputes, policyholders may need to retain their own counsel.

What types of cases do insurance defense lawyers handle?

They handle cases involving auto accidents, premises liability, property damage, construction defects, professional liability, employment disputes under EPLI policies, and more.

Can an insurance company deny a defense to its policyholder?

An insurer may deny a defense if the claim is outside the scope of coverage or if exclusions apply. However, wrongful denial can lead to a bad faith claim against the insurer under Kansas law.

What is a reservation of rights letter?

It is a written notification from the insurer agreeing to defend the policyholder while reserving the right to deny coverage later, depending on the findings in the lawsuit.

How long does an insurance defense case typically take in Kansas?

Case duration varies. Simple cases may resolve in months, while complex claims involving multiple parties or significant damages can take several years, particularly if they go to trial.

What is comparative fault, and how does it affect my case?

Comparative fault reduces the amount of compensation a claimant can recover based on their degree of responsibility for the incident. If the plaintiff is 50 percent or more at fault in Kansas, they recover nothing.

What happens if I disagree with the insurer's decision on my case?

You can seek a second opinion from an independent attorney, request mediation or arbitration, or file a complaint with the Kansas Insurance Department.

Is mediation required in Kansas insurance disputes?

Many courts encourage or require mediation before trial to help parties resolve the dispute without lengthy litigation, but it depends on the specific court rules involved.

What is bad faith insurance in Kansas?

Bad faith occurs when an insurer unreasonably denies, delays, or underpays a valid claim. Policyholders can take legal action if they believe an insurer acted in bad faith.

Additional Resources

People seeking more information or assistance can explore the following resources:

  • Kansas Insurance Department - Regulates insurance companies and handles consumer complaints.
  • Kansas Bar Association - Offers legal information and attorney referrals.
  • Kansas Judicial Branch - Provides access to court rules, forms, and dockets for civil cases.
  • American Bar Association - Includes general insurance law resources and lawyer directories.

Next Steps

If you are facing a legal issue related to insurance defense in Kansas, consider the following steps:

  • Identify the details of your insurance policy and correspondence with the insurer
  • Organize all relevant documentation, such as claim forms, denial letters, and incident reports
  • Consult with an experienced insurance defense attorney to review your case and discuss your options
  • Engage with reputable resources, such as the Kansas Insurance Department, for additional guidance
  • Understand your rights and obligations under Kansas law before making any major decisions

Taking prompt action and seeking quality legal advice in the insurance defense field can make a significant difference in the outcome of your case.

Lawzana helps you find the best lawyers and law firms in Kansas through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Insurance Defense, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Kansas, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.