Learn the ethical conflicts that can arise between insurance carriers, attorneys, and the insured and how their rights are protected.
Liability insurance coverage provides insureds with defense and indemnity coverage for certain covered claims. In most instances, the insurance company, the insured, and the defense counsel the insurance company retains to defend the insured are all aligned with the same goal of obtaining the best possible resolution of the underlying lawsuit. Everyone is rowing smoothly in the same direction. However, sometimes the underlying lawsuits against the insured allege a mix of covered and uncovered claims. When this occurs, the players in the tripartite relationship -- the insured, defense counsel, and insurer -- can become somewhat of a dysfunctional family. When an insurance company is defending an insured under a reservation of rights, it can become a problem when the potential exists for the defense lawyer to develop a case toward a result favorable to the insurer on a coverage issue, on the one hand, or to the policyholder on the other hand. For example, if an underlying complaint alleges mutually exclusive theories of recovery, such as negligence (covered) and intentional torts (not covered), both the carrier and the defense lawyer are put into difficult positions with potential ethical pitfalls. There are at least four main conflicts that may arise when there is a potential coverage dispute: whether the insurer or the policyholder controls the defense; whether the insurer or policyholder controls the flow of information; the reasonableness of the attorney's fees and expenses and attempts by an insurer to manage litigation costs; and whether the insurer or policyholder controls settlement. This presentation addresses the best ways to deal with and avoid the ethical dilemmas that may arise out of the tripartite relationship and will give you an understanding of the roles and duties of all the players before engaging in the relationship.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Insurer's Right to Control the Defense
- Policy Language Granting Primary Insurer the Right to Control the Defense of the Underlying Lawsuit Against the Insured
- When and How a Conflict Between the Insured and Insurer Affects the Insurer's Right to Control the Defense
- The Insured's Right to Independent Counsel
- The Insurer's Ability to Withdraw From Coverage While Litigation Is Pending
Right to Information
- Underlying Defense Counsel's Role and Duty of Loyalty
- Insurer's Right to Information When Providing an Unqualified Defense
- Primary Carrier's Right to Information When Providing a Defense Under Reservation of Rights
- Excess Carrier's Right to Information When It Has Not Asserted a Coverage Position
Reasonableness of Attorney's Fees
- Issues Around Who Decides What Attorneys' Fees Are Reasonable and Necessary in the Underlying Lawsuit When Independent Counsel Is Utilized
- Use of Insurance Company Panel Firms/Rates When Defending Under Reservation and/or When Insured Has Independent Counsel
- Use of Insurance Company Billing Guidelines When Defending Under Reservation and/or When Insured Has Independent Counsel
Right to Control Settlement
- The Insurer's Obligation and Right to Resolve Covered Portions of the Claim When There Are Covered and Non-Covered Claims
- Addressing Time-Limited Policy Limit Demands When There Are Covered and Non-Covered Claims
- Handling Mediations When There Are Covered and Non-Covered Claims
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 26, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5 including Ethics 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5 including Ethics 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
- AR CLE 1.5 including Ethics 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.50 hours of ethics credit.
- Arizona CLE 1.5 including Ethics 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
- CA MCLE 1.5 including Ethics 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
- CT CLE 1.5 including Ethics 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
- GA CLE 1.5 including Ethics 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hour.
- HI CLE 1.5 including Ethics 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
- IL CLE 1.5 including Legal Ethics 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.50 hours.
- MN CLE 1.5 including Ethics 1.5
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
- ND CLE 1.5 including Ethics 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- NH MCLE 1.5 including Ethics 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for 89 minutes of ethics credit.
- NM CLE 1.5 including Ethics 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
- NV CLE 1.5 including Ethics 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
- NY CLE 1.5 including Ethics and Professionalism 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.5 including Ethics 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
- RI CLE 1.5 including Ethics 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- VA CLE 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
- VT CLE 1.5 including Ethics 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.50 hour(s) of ethics credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5 including Ethics 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
- WV MCLE 1.8 including Ethics 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
- NALA 1.5 including Ethics 1.5
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.5 hour(s) including 1.50 hour(s) of ethics credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jamie R. Carsey
Markel
- Managing Director, Claims, Legal, and Head of Litigation
- Manages and oversees the in-house legal department that advises claims examiners on coverage issues, claims handling, and compliance matters, as well as oversees all insurance-related litigation against the company
- Former equity partner and vice-chair of the insurance coverage section of Thompson, Coe, Cousins & Irons, LLP
- Recent speaking engagements and published papers include Ethical Issues Arising out of the Attorney-Client Privilege, ABA ICLC Annual Meeting, 2023; Two Courts Review of a Texas Stowers Case, 2023; A Review of the Attorney-Client Privilege, ABA ICLC Annual Meeting 2022; and In-House Perspective on Client Management, State Bar of Texas Ad-vance Insurance Seminar, 2022
- Received GC Impact Award, Texas Lawyer, featured in Modern Counsel Magazine, and guest of Bracewell Covered podcast
- Member of Texas Bar, Texas State Bar Insurance Law Section, ABA Insurance Coverage & Litigation Committee
- J.D. degree, University of Houston Law Center; B.A. degree, University of Texas
- Can be contacted at [email protected] or 469-241-3410
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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