Ethical Issues and the Tripartite Relationship: Having Two Masters Can Create Multiple Dilemmas

The relationship between the insured, insurer and defense counsel retained to defend the insured can present a minefield of ethical issues and actual or potential conflicts of interest, including the litigation privilege and appropriate disclosures, defense under a reservation of rights, potential exposure in excess of policy limits, control of litigation and settlement, and representation of multiple insureds.

This program examines the various ethical issues that can arise in the context of the tripartite relationship, current developments in the courts and ethics opinions addressing the issues, and best practices for addressing some of the conflicts of interest that may arise.

Learning Objectives:

I.   Recognize the circumstances that may give rise to a conflict of interest or ethics issue 

II.  Explore recent case law and other opinions that address conflicts of interest for defense counsel 

III. Understand alternatives for successfully navigating through potential conflicts of interest