Consider this not uncommon scenario: A company is sued in a high-exposure tort case in which the plaintiff seeks to recover millions of dollars. The company believes the claim is, or may be, covered by its commercial general liability insurance policy and tenders the claim to its insurer.
Conflicts of Interest Between an Insurer and Its Insured
This article examines potential conflicts of interest between an insurer and its insured and the extent of an insured's right to its own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.
By
Bob Alpert and Jeff DouglassThis premium content is locked for LawJournalNewsletters subscribers only
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