Overview

Every day insurance companies, their appointed defense, counsel and the policyholder grapple with legal, practical and ethical questions related to their 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. Prepared by nationally recognized insurance law practitioners, this comprehensive treatise provides the first thorough 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. 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 troublesonme conflicts of interest. All of the legal authorities that can be found on the topic are presented -including citations to state statutory authority and case law. You'll discover incisive arguments (for and against) and key legal opinions on these critical topics: Potential conflicts of Interest in the tripartite Relationship The staff Counsel Arrangement Reservation of Rights Billing Guidelines Allocation of Defense Costs and Reimbursements.

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