{ "media_type": "text", "post_content": "Is it common for insurance companies to disallow legal research or cap the hours you can spend doing legal research? Do you think that capping the hours for research can breed bad attorneys or even worse lead to malpractice claims? Wouldn’t the insurance company have some liability if that happened?", "post_id": "5f36b81e64eeeb001d41f99a", "reply_count": 3, "vote_count": 2, "bowl_id": "5de7247f5ea93e002425c084", "bowl_name": "Insurance Litigation" }

Is it common for insurance companies to disallow legal research or cap the hours you can spend doing legal research? Do you think that capping the hours for research can breed bad attorneys or even worse lead to malpractice claims? Wouldn’t the insurance company have some liability if that happened?

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Yes it’s silly and yes it is common, but I think the underlying reason as to prevent people from billing full research for common motions they put out all the time which are pretty much copied and pasted. For rsubstantive motions with novel issues, just ask ahead of time for the permission. Also it’s pretty well known that you can work around it. The major carrier I have in mind flags the word “research” or A02, but they don’t care how much you bill for “reviewing and analyzing legal authority for...” So if you need to do research, just rephrase it.

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I do insurance defense and each insurance company has different billing guidelines for attorneys. Most allow 2-3 hours of legal research without permission from the claims rep on the case. However, if more research is needed I just email the rep and tell them why it is needed and it has ALWAYS been approved.

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I represent larger self-insureds as well as ins companies - it is common to have to at least seek approval if the research is going to take longer than an hour, for instance.

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