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

(2662 Ratings)

Produced on: May 27, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 64 minutes
Difficulty Intermediate

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

 

Faculty

John T. Wolak

Gibbons P.C.

Mr. Wolak was recently named "Insurance Lawyer of the Year" (Newark, NJ) by Best Lawyers® and selected for the New Jersey Super Lawyers list, for Insurance Law. For almost 25 years, he has litigated matters involving hundreds of millions of dollars in insurance coverage for a broad range of clients and regularly provides strategic counseling and analysis of potential risks and exposures, policy terms and conditions, and claims resolution. He also represents clients on a broad range of complex commercial disputes, including contract claims, intellectual property matters, real property disputes, and restrictive covenant cases.

 

A wide variety of clients – including pharmaceutical and chemical manufacturing companies, financial and educational institutions, telecommunications companies, professional service providers, and insurance companies – rely on Mr. Wolak’s advice and representation to achieve their objectives and resolve both insurance coverage matters and commercial disputes. He has also been retained as an expert witness/consultant on insurance issues and is a frequent speaker on insurance law topics. Prior to joining Gibbons, Mr. Wolak served as a law clerk to the Honorable Nicholas H. Politan of the United States District Court for the District of New Jersey.

 

Representative Experience

  • As specially retained appellate counsel, obtained reversal of a multimillion-dollar summary judgment award against his clients – the policyholder and its liability insurer – because the adversary lacked standing to prosecute its claims for indemnification, both directly and under the applicable policy 
  • Served as lead counsel for the firm in a confidential, three-week international arbitration in London under the English Arbitration Act commenced by a policyholder seeking $90 million of insurance coverage for personal injury claims arising out of the use of prescription medication
  • Obtained dismissal with prejudice of all claims by all parties against an insurer client, after extensive motion practice before the trial court and several appellate arguments, seeking to impose liability (directly and as co-insurers) in excess of $5 million for damages arising out of a construction site accident
  • Obtained multimillion-dollar insurance recovery for a claim based on construction defects and property damage to the substructure of residential units and a parking garage, as insurance coverage counsel for condominium development owners
  • Represented a large regional law firm in a dispute over the availability of insurance coverage and the extent of damages in connection with a business interruption claim based on direct property damage at law firm’s headquarters
  • Obtained insurance coverage for defense costs and indemnification for various claims asserted against an international brokerage firm involving employment practices liability coverage and employee dishonesty coverage that had initially been denied by the insurers
  • Represented a prominent university in New Jersey in successfully negotiating the resolution of an insurance coverage dispute with various insurers of a general contractor and subcontractors, concerning insurance coverage for construction defects in connection with major renovations to a science/chemistry facility
  • Obtained dismissal with prejudice of all claims asserted against an insurer client for alleged extra-contractual damages under a D&O policy for defense and potential liability of individual directors and officers for Fair Labor Standards Act violations
  • Successfully negotiated reimbursement of defense costs incurred in connection with a regulatory investigation by various state and federal agencies for a prominent New Jersey medical doctor

Reviews

SG
Steven G.

Articulate and easy to understand

RP
Rajan P.

Excellent speaker and materials

TW
TAMMY W.

Very interesting information! New topic for me, somewhat, but was extremely enlightening!

NM
Neil M.

Excellent substance and presentation.

KR
Kenneth R.

Very informative. I thought he was great!

WD
William D.

VERY INFORMATIVE - THANK YOU!

JM
JIM M.

Good presentation.

SB
Sally B.

Good course

PP
Preston P.

$99.00 Tennessee package is a great deal. I will buy it again next year, if available.

ZJ
Zachary J.

A must watch for all those in the insurance world!

AM
Annita M.

This was not what I expected - much better and more substantive. There was much I did not know and feel armed in the event I need to obtain counsel with respect to an insurance claim. Thank you.

MR
Marta R.

very well done

RS
Robert S.

Excellent program.

CT
Cara T.

Excellent CLE!

RM
Richard M.

Excellent content. Well presented.

PS
Paul S.

Excellent presentation!

DW
Deborah W.

I greatly enjoyed the class and the subject matter.

TH
Timothy H.

Well done

TD
Tom D.

Very helpful.

DD
Dale D.

Well organized.

CE
Catherine E.

Very informative; right on point.

CK
Carole K.

Excellent content and presentation

LC
Lee C.

helpful to think through these issues

ET
Elizabeth T.

good, clear and concise

TC
Tony C.

it was informative and to the point

RO
Richard O.

very clear and concise.

JF
JW F.

Interesting investigation of the ethics of representing the cynical insurance companies

AM
Amy M.

clear, succinct - great program

SB
Stephen B.

Very good.

CR
Curtis R.

Good topic for an ethics presentation.

SL
Sheri L.

Very informative on more than one subject.

CS
Charles S.

Thorough and logically presented.

GM
Gerald M.

Very insightful

DB
Dwight B.

great

DF
Daria F.

Informative.

TO
T. O.

Excellent program. Thank you!

AQ
Abrar Q.

Good session

RW
R J W.

Informative and presented well.

JE
Jeff E.

Very nice production value - nice 'set"

WH
William H.

Good overview; I would like to hear more from this speaker on this topic.

DO
Dexter O.

well done

JM
James F M.

Presenter wasted no time. e stayed on topic throughout and all materials were relevent.

MB
Matthew B.

Solid presentation

AZ
Andrew Z.

Right on point - very well done

PS
Paul S.

Nice job with complicated topic.

CW
Chris W.

Generally good substance

LM
Leslie M.

Great program. Much of my practice involves this situation and it is important to think about these issues.

ES
Edmund S.

Informative material.

SK
Susan K.

great

TW
Theodore W.

Very informative.

RN
Richard N.

Great

JB
James B.

Very clear and informative speaker.

PH
paul h.

Superb material, particularly the material pertaining to reservation of rights letters and their impact on the insured.

NF
Nathaniel F.

Excellent presentation-very informative.

RC
Robert C.

Interesting approach to ethics. Quite interesting.

JD
Jonathan D.

Great speaker and effective communication throughout the course.

PB
Phillip B.

A very informative course.

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$ 59 Ethics and Insurance Law In Stock

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