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Defending the Insured

Written by nationally recognized insurance law practitioners, Defending the Insured provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense (tripartite relationship). From establishing the duty to defend, to defining the staff counsel arrangement, and balancing attorney-client confidentiality issues, this practice-oriented guide hones in on the issues that can give rise to potentially troublesome conflicts of interest. This invaluable resource, for policyholder and insurance company counsel alike, provides examples in context and gives proven strategies for swift solution to all the issues. Where applicable, state-by-state review of relevant issues are included so that the practitioner will be able to view not only his or her particular state's position on the issue, but can easily review other jurisdictions as well for comparison.

Each chapter provides a detailed discussion of topics starting with duty to defend and obligations of each of the parties. Reference tables then list which states have addressed the topic at hand and how they have handled it along with a state-by-state review of the issue.

Defending the Insured provides comprehensive practical guidelines and expert analysis on issues and potential liabilities you are likely to encounter during the claims litigation process, including:

  • Reservation of rights and the potential conflicts between insured and insurer
  • Each party's ethical and professional obligations
  • Appointment of independent counsel
  • States' positions on the use of staff counsel to defend insureds
  • Billing guidelines
  • Audits of attorney's bills
  • Confidential and privileged communications within the tripartite relationship
  • State-by-state allocation of defense costs

    • Features and Benefits
    Practice with Confidence ¿ Avoid Liability

    Every day, insurance companies, their appointed defense counsel and the policyholder grapple with legal, practical, and ethical questions related to the tripartite relationship in insurance liability cases. For instance:

  • What are the parameters of the relationship between the insurer, the insured, and the defense attorney?
  • How should the defense be conducted, and how should the parties relate to one another?
  • What issues relating to confidentiality, billing, and accountability may arise during the representation of an insured by Cumis counsel?

    • In one, highly accessible volume, Defending the Insured answers these questions ¿ and hundreds more like them ¿ providing examples in context and giving proven strategies for their swift resolution.

    Defending the Insured provides a state-by-state appendix regarding Independent Counsel, a multi-jurisdictional analysis and case law and a state-by-state analysis and discussion regarding states' positions on:

  • The use of staff council
  • Billing guidelines
  • Audits of attorney's bills
  • Reservations of rights
  • The allocation of defense costs
  • The tripartite relationship

    • Table Of Contents

    Introduction

    Chapter 1: OVERVIEW OF THE DUTY TO DEFEND

    Chapter 2: NATURE OF THE TRIPARTITE RELATIONSHIP IN INSURANCE DEFENSE

    Chapter 3: USE OF STAFF COUNSEL

    Chapter 4: BILLING GUIDELINES

    Chapter 5: LEGAL AUDITS

    Chapter 6: CONFLICT OF INTEREST AND USE OF "INDEPENDENT COUNSEL"

    Chapter 7: JURISDICTIONAL SURVEY OF INDEPENDENT COUNSEL

    Chapter 8: ALLOCATION ISSUES BETWEEN INURER AND INSURED

    Chapter 9: HORIZONTAL AND VERTICAL EXHAUSTION

    Chapter 10: DEFINING THE PRACTICE OF LAW

    Table of Cases

    Index