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An Insured's 'Right' to Independent Counsel In New York

When does the insurer have the 'right' to be represented by defense counsel chosen by the insured and paid by the insurance carrier arise in New York? Who gets to choose? What does "independent" mean? The right answer to each of these questions is, "It depends."

23 minute read November 30, 2014 at 11:00 PM
By
Benjamin Zelermyer and Jeffrey G. Steinberg
An Insured's 'Right' to Independent Counsel In New York

As a matter of conventional wisdom, if an insurer reserves its right to deny coverage, even while agreeing to defend an insured against a third party's claim, or denies coverage for a loss while accepting the duty to defend the insured, the insured has the right to be represented by defense counsel chosen by the insured and paid by the insurance carrier.

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