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Ethics of Communications with the Insurance Company (the Tripartite Relationship)

(681 reviews)

Produced on May 21, 2018

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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

The "tripartite relationship" between a policyholder/defendant, defense counsel, and the insurance company providing a defense sometimes leads to conflicts of interest, as when the insurance company furnishes a defense under a reservation of rights letter and some approaches to defense or settlement may militate against coverage. In addition, conflicts can be subtle, as when defense counsel is hesitant to pursue coverage against an insurer-employer.

Join attorneys Diana Shafter Gliedman and Stephen Wah of Anderson Kill as they explore the nuances of the “tripartite relationship” in this timely program.


Learning Objectives:

  1. Identify the "tripartite relationship"
  2. Enumerate the conflicts and policyholder rights
  3. Explore the subtleties of these conflicts  


Credit Information

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Faculty

Diana Shafter Gliedman

Anderson Kill P.C.

Diana Shafter Gliedman, a shareholder with Anderson Kill's insurance recovery group, represents policyholders in actions ranging from small insurance coverage disputes to multi-party, multi-issue insurance coverage litigations, with an emphasis on Comprehensive General Liability Insurance, Directors & Officers Liability Insurance, Employment Practices Liability Insurance, Errors & Omissions/Professional Liability Insurance.

As chair of Anderson Kill’s Professional Liability Insurance Group, Ms. Gliedman represents lawyers and law firms, architectural and engineering firms, accountants and accounting firms, brokers, financial institutions and other professional entities seeking coverage under their Professional Liability/Errors & Omissions insurance policies. Working with Anderson Kill’s founding partner, Eugene Anderson, Ms. Gliedman helped secure a client victory in the oft-cited case of Rosenberg & Estis v. Chicago Insurance Company. Ms. Gliedman is also a co-chair of the Professional Liability Subcommittee of the Insurance Coverage Litigation Committee of the ABA Section of Litigation, and a member of the Claims and Litigation Management Alliance Professional Liability subcommittee.

Ms. Gliedman is also co-chair of the firm's Hospitality Industry Practice Group, and frequently works with members of the hospitality industry, providing representation and counsel to hotels, casinos, restaurants, and other hospitality franchises. Ms. Gliedman is the editor of Anderson Kill's Hospitality Alert newsletter, which provides hospitality insiders with breaking news and industry information.

This year, Ms. Gliedman was elected a fellow of the American College of Coverage and Extracontractual Counsel, an organization composed of preeminent coverage counsel in the United States and Canada.

Ms. Gliedman is highly committed to pro-bono work, most recently securing a victory for Tibetan independence activist Sherab Dorje in the Matter of the Application for Asylum of Sherab Dorje. She is also an active member of the Step Up Women's Network, a nonprofit organization dedicated to connecting and advancing women and girls through mentoring and enrichment programs. While attending the Fordham University School of Law, Ms. Gliedman was a member of the Fordham Law Women Executive Board and, as a member of the Fordham University School of Law Children's Disability And Special Education Clinic, represented children in need of special education services and SSI benefits.



Stephen Wah

Anderson Kill P.C.

Stephen Wah is an attorney in Anderson Kill's New York office. Mr. Wah's practice concentrates in Insurance Recovery, exclusively on behalf of policyholders, and Corporate and Commercial Litigation.

Prior to joining the firm, Mr. Wah was a Summer Associate at a law firm where he represented a construction company in the Eastern District of New York regarding a RICO scheme by sub-contractors and a Legal Intern at the New York Legal Assistance Group, Immigration Protection Unit where he researched the admissibility of aliens who had children serving in active duty in the U.S. Armed Forces.

While attending law school, Mr. Wah was the Editor-in-Chief of the Cardozo ADR Competition Honor Society; Staff Editor with the Cardozo Journal of Law and Gender; Student Counsel for the Securities Arbitration Clinic and President of the Minority Law Student Alliance. Mr. Wah was also a competitor and then a student coach at the 23rd and 24th Annual Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria. He was the Champion in Mediation at the 7th Annual St. John’s School of Law Securities Dispute Resolution Triathlon. Mr. Wah was the recipient of the 2017 Professor John Appel Award and Jacob Burns Medal.



Reviews

KD
Kelly D.

Good course

RC
Roger C.

I enjoyed this

EB
Eugene B.

best course watched to date

BM
Bridget M.

I found the program interesting and on-point.

HH
Holly H.

Very practical

KW
Karen W.

Always great information

RB
Russell B.

A very good course with an outstanding faculty.

JF
John F.

Very timely for me.

PS
Paul S.

Excellent

AM
Antoine M.

Presentation was thorough and complete.

LG
Lea G.

Very well done! Good presentation style - with the two good presenters. Both seem very knowledgeable and it was clearly presented.

RF
Richard F.

Good program on fundamentals and some finer points of practice too.

SE
Stephen E.

Great primer on the subject.

CB
chuck b.

Seriously one of the best CLE's I have participated in recently.

JV
Jeffrey V.

good program, even for non-attorneys.

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