Ethical Duties of Insurance Defense Counsel to Preserve Coverage
Strategies for Preventing Discovery of and Handling Information the Insurer Could Rely Upon to Deny Coverage
Includes 90 Minutes of Ethics Credits
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the ethical and practical duties and obligations of counsel appointed to defend the policyholder with respect to preserving coverage for the policyholder. The program will discuss ABA Formal Opinion 08-450 and related Model Rules of Professional Responsibility, what appointed counsel is expected to know about coverage issues, and how appointed counsel could structure discovery to avoid coverage issues in various types of cases. The program will also consider estoppel and the legal obligations of an insurer that has obtained from defense counsel information that supports denying coverage when defense counsel was unaware it did so.
Outline
- How the issue arises
- Relevant Model Rules and opinions
- ABA Formal Opinion 08-450
- Model Rules: 1.2, 1.4, 1.6, 1.7
- Obligations and options if appointed counsel has information:
- Possibly affecting coverage
- Almost certainly vitiating coverage
- Avoiding coverage issues in discovery
- Estoppel to deny coverage using information defense counsel did not know affected coverage
Benefits
The panel will review these and other key issues:
- What level of knowledge must appointed counsel have about coverage issues under the Model Rules?
- What is the best strategy if the policyholder seeks coverage to which the policyholder is not entitled after defense counsel has explained the matter?
- How can and should defense counsel take affirmative steps to preserve and protect coverage in discovery and throughout the case?
Faculty
Renee C. Callantine
Principal
Cornerstone Law Group
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on... | Read More
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.
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Christina Anne Culver
Partner
Thompson, Coe, Cousins & Irons
Ms. Culver represents clients in insurance coverage matters. She provides guidance for coverage and bad faith... | Read More
Ms. Culver represents clients in insurance coverage matters. She provides guidance for coverage and bad faith disputes through each phase of the resolution, including pre-litigation coverage analysis, strategic discovery, motion practice, alternative dispute resolution, trial, and the appellate process. Ms. Culver is recognized by Chambers USA for Texas Insurance, as a Super Lawyer – Rising Star in Texas and Louisiana, and The Best Lawyers in America: Ones to Watch for Insurance. In 2022, she was elected to the Council for the Insurance Law Section of the State Bar of Texas and was elected as a Fellow of the American Bar Foundation.
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Todd M. Rowe
Partner
Constangy, Brooks, Smith & Prophete
Mr. Rowe leads the investigation and evaluation of potential breaches of data security, such as those caused by... | Read More
Mr. Rowe leads the investigation and evaluation of potential breaches of data security, such as those caused by ransomware, social engineering, or the compromise of business email accounts. He provides clients with the forensic and/or remediation services necessary to contain, analyze, investigate, and remediate the incident after the initial response has concluded. After the threat has been mitigated, Mr. Rowe helps clients with external communications and notifications by evaluating the client's obligations to consumers and regulators under applicable state, federal, and international laws and industry standards. He also takes the time to explain to his clients the steps and precautions needed to be taken in this unique area of the law. Mr Rowe was one of the earliest litigators to address privacy concerns in state and federal courts created by Illinois’ Biometric Information Privacy Act, or BIPA. He has also been called on to draft one of the earliest versions of cyber insurance policy form. Mr. Rowe has helped clients in nearly every industry and at every level of government develop policies regarding privacy and data issues over the years.
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