About the Course
Introduction
This CLE webinar will discuss how policyholders, insurers, and panel counsel determine whether a reservation of rights (ROR) creates a disqualifying conflict of interest for panel counsel at various stages of the case, and the possible consequences if a conflict exists. We will offer guidance and best practices for insurers, policyholders, panel counsel, and independent counsel. The program will discuss roles in the tripartite relationship, defense counsel's ethical obligation if a conflict arises, and examples of disqualifying conflicts in various jurisdictions.
Description
When an insurer agrees to defend its policyholder under a reservation of its right to later litigate or deny coverage, a particularly delicate and dynamic tripartite relationship is created. Everyone involved in this relationship needs to be aware of conflicts and potential conflicts of interest, and sometimes determine how to use them to their advantage.
What constitutes a conflict within the context of the tripartite relationship is often hotly contested. The case law continues to develop and no less than 50 American jurisdictions have issued rulings on these important issues.
An insurer's reservation of rights will necessitate panel counsel to evaluate many ethical duties: undivided loyalty (Rule 1.7), disclosure (Rule 1.4), confidentiality (Rule 1.6), and limitations on compensation from insurers (Rule 1.8). At the same time, policyholders need to make a determination of whether the convenience and known competence of panel counsel is outweighed by the advantages of independent counsel.
Listen as this esteemed panel examines the scope of the appointed defense counsel's ethical obligations, discusses the insured's right to independent counsel, reviews emerging issues in independent counsel litigation, and offers best practices for policyholders and insurers.
Presented By
Ms. Weeks handles all aspects of insurance coverage and bad faith litigation and provides proactive counseling and coverage reviews for policyholders. She consults with corporate clients on coverage issues and provides advice regarding the type and level of insurance coverage needed based on their potential risks. Ms. Weeks has experience handling first and third-party suits under various types of policies, including property, commercial general liability, directors and officers, equine mortality and major medical, cyber, and fidelity bonds. She was named to Best Lawyers in America’s “Ones to Watch” 2022 and 2023 list for insurance law, the Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Professionals of South Florida 2022 list, and the Miami Dade Bar Young Lawyers Section’s 40 Under 40 2023 list. Ms. Weeks was also named a Circle of Excellence winner for Insurance Litigation in 2023 by the Miami Dade Bar.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
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Date + Time
- event
Wednesday, April 22, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. How conflicts arise
II. Disqualification under Model Rule 1.7: plaintiff and defense positions
III. Policyholder strategies
IV. Insurer options
The panel will discuss these and other issues:
- When should participants assess potential and actual conflicts of interest?
- What is the legal standard for determining if an insurer's reservation of rights creates a disqualifying conflict of interest?
- What are a policyholder's practical options if it believes a disqualifying conflict of interest has not been resolved? What are panel counsel's and insurer's options in this situation?
