A pre-recorded streaming video replay of the November 2019 webcast, Counsel for the Insured: Navigating the Tripartite Relationship.
Topics Covered
- Understand the duties owed to the client and insurer
- Learn when defense counsel and the insurer have diverging interests, and how to ethically manage those competing roles
- Share best practices on navigating the competing interests
In an insurance contract, the insurance company and insured client owe to each other certain duties; this is especially evident should a claim arise under the contract. If the claim involves litigation, a third party— defense counsel—is introduced into the relationship. The defense counsel is engaged by the insurance company, but represents the insured. What happens when the interests of the insurance company and the insured client diverge?
This seminar will review the delicate role of the defense counsel in this area, and detail the duties owed to the insurer and insured. Among the issues to be addressed:
- Who is the defense counsel’s client?
- Are the duties owed the insurance company merely contractual?
- Can the insurance company limit the representation provided to the insured?
- Is the scope of the insurance coverage a matter upon which the defense counsel can advocate on behalf of the client?
- What are the limits of client confidentiality?
- How independent can the defense counsel be in the representation?
- What to do when there is a demand within the policy limits and real exposure to the insured
In addition, our experienced speakers will offer various “best practices” to assist participants in the seminar to successfully navigate through these potentially difficult, though commonly arising, and situations.