Legal Expenses Insurers often try to restrict free choice and push the insured into having a lawyer who is convenient for the insurer but not for them. It is really important that those who wish to claim on their LEI policies eg to pursue a personal injury or medical negligence claim, know that they do have the right to appoint a lawyer of their own choice rather than have a lawyer imposed upon them by the insurer.
There has been a string of cases brought against them over the years before the Court of Justice of the European Union on the basis of the insured’s right to choose a lawyer. The LEI constantly want to restrict that free choice, in order to keep down costs, and the Court usually upholds the insured’s right, which is guaranteed in the Legal Expenses Insurance Directive 87/344/EEC. It has happened again in two further cases.