Insured's Right to Independent Counsel: Conflicts of Interest, Multiple Insureds, Multiple Claims, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Tuesday, May 25, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide insurance counsel with an in-depth review of the parameters of the insured's right to appoint an independent counsel. The panel will discuss varying court standards and emerging issues and outline best practices for both policyholders and insurers to resolve disputes over the selection of counsel.
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on representing policyholders in coverage disputes, including litigation over alleged bad-faith claims handling. She also provides coverage advice and representation at appraisal hearings, and she assists brokers in responding to Department of Insurance complaints. She has extensive experience in property and casualty claims, ranging from personal lines homeowners and automobile policies to complex commercial lines policies. As a CPA, she is often asked to assist with claims and litigation involving complex business interruption losses or other complicated accounting issues.
Mr. Viner’s practice focuses on counseling and risk management. He has over 20 years of experience serving a domestic and international client base. Mr. Viner’s diverse experience includes evaluating and managing complex, multi-million dollar coverage disputes for insurers involving a wide range of subject areas. He also has significant experience litigating coverage and bad faith, representing insurers in cases pending across the country.
The battle between policyholders and insurers over the insured's right to retain independent counsel is ongoing and evolving. Independent counsel may be warranted if a conflict of interest exists with a reservation of rights defense. What constitutes a conflict is often hotly contested.
Other situations that trigger the right to independent counsel include representation of multiple insureds, multiple-claims lawsuits, and damages in excess of policy coverage. Once a right to independent counsel is established, how counsel is selected varies by jurisdiction.
Listen as our authoritative panel of insurance attorneys examines the scope of the insured's right to independent counsel, reviews emerging issues in independent counsel litigation, and offers best practices for policyholders and insurers to defend their position.
- Determining conflicts of interest
- Reservation of rights
- Multiple insureds
- Multiple claims
- Damages in excess of policy coverage
- Issues unrelated to coverage
- Policyholder options
- Insurer options
The panel will review these and other key issues:
- When will an insurer's reservation of the right to contest coverage create a conflict of interest?
- What should the insured consider in deciding whether to assert a right to independent counsel?
- What are the factors for the insurer to decide to issue a reservation of rights letter?
- What should the insured do if the insurer declines its request for independent counsel?
- How should the insurer respond to a demand for independent counsel?
