The Tripartite Relationship in Insurance: Ethical Dilemmas and Coverage Complexities
Strategies to Navigate the Conflicts of Interest Minefield
Recording of a 90-minute CLE webinar with Q&A
This seminar will examine the ethical issues that arise from the relationship among counsel, insurer and policyholder, review coverage implications of that relationship, how the courts and state bars have treated the issues, and best practices for addressing the potential conflicts of interest.
- Conflicts of interest
- Reservation of rights
- Claimed damages exceed coverage
- Representation of multiple parties
- Defense costs reduce available coverage
- Punitive damages
- Insurer tries to reduce expense by limiting discovery
- Disclosures to the insurer
- Policyholder’s failure to cooperate
- Control of settlement
- Coverage implications
- Managed litigation practices/procedures
- Use of defenses — only token defense?
- Steering result to judgment under an uninsured theory of recovery
- Later use of confidential information by insurer to its advantage
- Ethical rules and the state of the law
- Ethical rules
- State statutes
- Court treatment
- State bar associations
- Strategies for navigating conflicts of interest
- Engagement letter
- Additional counsel at policyholder’s expense when claim or suit is in excess of limits
- Inform policyholder/additional counsel of all settlement negotiations/pertinent information
- Inform policyholder/additional counsel of counterclaims
The panel will review these and other key questions:
- What steps can counsel take to identify the conflicts of interest that arise as a result of the tripartite relationship?
- How is coverage impacted by the tripartite relationship?
- What strategies can counsel employ to avoid conflicts of interest resulting from the tripartite relationship?
- What ethical guidelines are available to insurance counsel from state bar canons, rules and opinions and court decisions?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Laura A. Foggan
She co-chairs the firm’s Appellate Practice and is a member of the Insurance Practice. She advises and represents... | Read More
She co-chairs the firm’s Appellate Practice and is a member of the Insurance Practice. She advises and represents insurers in commercial insurance work and insurance-related litigation. She also represents insurers in arbitration and mediation settings, provides testimony before state legislatures, and has contributed to the development of key insurance law precedents.Close
Marc S. Mayerson
He specializes in complex insurance coverage disputes including litigation and settlement. He advises clients on... | Read More
He specializes in complex insurance coverage disputes including litigation and settlement. He advises clients on coverage issues and policies, including D&O coverage, employment practices claims, first-party property claims, fiduciary and ERISA liability, and general liability and assists companies in structuring their insurance programs. He is an attorney-fee arbitrator for the DC Bar.Close
Ronald S. Berman
Berman Berman & Berman
He focuses on insurance law, professional liability, quality litigation management and cost control. He previously... | Read More
He focuses on insurance law, professional liability, quality litigation management and cost control. He previously served as general counsel for the California Association of Independent Insurance Adjusters and the Professional Liability Underwriting Society.Close
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