- videocam Live Online with Live Q&A
- calendar_month December 2, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Insurance
- schedule 90 minutes
Ethics of Insurance Defense Under ROR: Model Rule 1.7, Conflicts, and Insured's Right to Independent Counsel
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Description
When an insurer agrees to defend its policyholder but under an ROR to later litigate or deny coverage, a particularly delicate and dynamic tripartite relationship is created. What appears to be a harmonious situation may not be and a harmonious situation may not stay that way. Defense counsel has an obligation to monitor if disqualifying conflicts of interest exist and take appropriate action.
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 ROR 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).
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. Villaverde focuses her practice on representing insurance companies in commercial general liability disputes and bad faith litigation. Her work includes coverage issues and disputes concerning sexual abuse, product liability, environmental liability, toxic tort, construction defects, and professional liability claims. Ms. Villaverde also advises and represents domestic and international insurers in complex coverage disputes involving general liability, environmental impairment liability (EIL), errors and omissions, professional liability, and first-party policies in state and federal courts nationwide, including the New Jersey Appellate Division. In addition, she oversees e-discovery efforts, negotiates protocols, and advises clients on vendor contracts, preservation, and collection.
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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Live Online
On Demand
Date + Time
- event
Tuesday, December 2, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. How conflicts arise
II. Disqualification under Model Rule 1.7: plaintiff and defense positions
III. Policyholder strategies
IV. Insurer options
Benefits
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 ROR 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?
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Related Courses
Ethics of Insurance Defense Under ROR: Model Rule 1.7, Conflicts, and Insured's Right to Independent Counsel
Tuesday, December 2, 2025
1:00 p.m. ET./10:00 a.m. PT
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