Moeller Counsel

In most instances under Mississippi law, if an individual or corporation is sued and the insurance company assigns an attorney to defend its insured under a reservation of rights to later deny coverage, then the insured is permitted to choose the attorney who will defend the insured with the cost of the chosen attorney to be paid by the insurance company.

Counsel chosen by the insured to defend the insured when the insurance carrier reserves its rights to deny coverage is usually referred to as Moeller counsel or Cumis counsel. The basis for Moeller counsel arose out of the Mississippi Supreme Court's decision in Moeller v. American Guaranty and Liability Insurance Co., 707 So.2d 1062 (Miss. 1996). It was the Mississippi Supreme Court's belief that if the insurance company reserved its rights to deny coverage when it provided an attorney to defend the claim, the attorney hired by the insurance company may not look after the interests of the insured, but would instead look after the interests of the insurance company. The insurance company may not provide an adequate defense to the insured knowing that it may not have any coverage for the claim and would not have to pay any amount if a judgment is rendered against the insured.

The Law Office of Paul Ott, PA has served as Moeller counsel on numerous cases. Paul has the experience with insurance coverage issues to know how to properly handle these cases in the best interests of the insured.

If you have been sued and your insurance company is defending you under a reservation of rights, call Paul to determine if it would be in your best interest to hire counsel to be paid by your insurance company to adequately represent your interests.