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The Insured's Right to Select Defense Counsel

By Seth A. Tucker and Thomas E. Hogan
January 28, 2010

Last month, we discussed “substantial conflicts of interest” in various cases involving an insured's right to select its own defense counsel. In a review of case law, we outlined the case of Emons Industries, Inc. v. Liberty Mutual Insurance Co., 749 F.Supp. 1289 (S.D.N.Y. 1990). We pointed out that, as the Emons case establishes, an insured and its insurer can have conflicting litigation and settlement strategies. Part Two herein continues this discussion.

Emons Continued

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