Any insurance contract must obligatorily and explicitly stipulate that any time a conflict of interest arises between the insurer and the insured person, the latter has the free choice of a lawyer or any other person with the qualifications required by the law applicable to the procedure, to defend their interests.
The insured person may consult a lawyer of their choosing, in the event of a difference of opinion with their insurer as to the approach to take in order to settle the claim and following notification by the insurer of their point of view or refusal to follow the insured party's contention. If the lawyer confirms the insurer's position, the insured party is reimbursed half of the costs and fees for this consultation.
If, against the advice of the lawyer, the insured party initiates proceedings at their own expense and obtains a better result than they would have obtained if they had accepted the insurer's point of view, the insurer who did not want to follow the insured party's contention is obliged to provide the cover and reimburse the costs of the consultation which would have remained at the expense of the insured party.
If the lawyer consulted confirms the insured party's contention, the insurer is obliged, regardless of the outcome of the proceedings, to provide cover including the costs and fees of the consultation.