Insurer Liability for Retained Counsel's Negligence: Direct and Indirect Claims for Actions of Retained Counsel
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine when the negligence or malpractice of the defense counsel that the insurer retained to represent its policyholder may give rise to extra-contractual bad faith damages. The program will also discuss when the insurer itself may have direct claims against retained counsel for negligence.
- Duty to provide competent counsel
- Duty to adequately fund the defense
- Duty to monitor the case and retained counsel
- Duty to pay for independent counsel
- Theories of liability
- Negligence and gross negligence
- Agency and vicarious liability
- Section 12 of the Restatement of Insurance Liability
- Insurer suits against outside counsel
The panel will reivew these and other key issues:
- What exactly is the "duty" to defend?
- How can the insurer breach the standard of care to provide competent counsel, fund the defense, and avoid conflicts?
- How extensive is the duty to monitor outside counsel?
- How much control of outside counsel by the insurer is too much control?
- Can the insurer ever be vicariously liable?
Alison V. Lippa
Nicolaides Fink Thorpe Michaelides Sullivan
Ms. Lippa has over 25 years’ litigation experience, including in the representation of insurers in state and... | Read More
Ms. Lippa has over 25 years’ litigation experience, including in the representation of insurers in state and federal courts in insurance coverage and bad faith litigation. She has litigated cases arising under commercial general liability policies in mass tort and environmental claims, among others, and in multi-party coverage disputes involving issues such as contribution, number of occurrences, exhaustion and allocation.Close
David W. Overstreet
Mr. Overstreet focuses his practice on commercial litigation and professional liability. He spends a significant amount... | Read More
Mr. Overstreet focuses his practice on commercial litigation and professional liability. He spends a significant amount of time representing businesses and professionals in civil suits, including attorneys. Mr. Overstreet also speaks to groups including insurers, law schools, and organized professional associations about claim avoidance and mitigation.Close
Nelson A. Waneka
LLevin | Sitcoff | Waneka
Mr. Waneka specializes in insurance recovery. He has extensive experience litigating delayed and denied insurance... | Read More
Mr. Waneka specializes in insurance recovery. He has extensive experience litigating delayed and denied insurance claims on behalf of individuals, businesses, and community associations. Mr. Waneka has obtained numerous seven-figure settlements and one of the largest jury verdicts in Douglas County in 2016–$4,742,048.02. He has been instrumental in shaping Colorado insurance law through appeals in both state and federal courts. Mr. Waneka also serves as an expert witness on insurance bad faith and claims handling practices.Close