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.
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."
By
Benjamin Zelermyer And Jeffrey G. SteinbergThis premium content is locked for LawJournalNewsletters subscribers only
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