Top Ethical Issues Every Insurance Coverage Attorney Should Consider

Insurance coverage attorneys provide advice to their insurer clients in all aspects of claims management, from whether a particular claim is covered and whether a defense to a claim is owed, to how and when to settle a particular claim. In connection with all of this advice, there are many ethical questions that can arise. This course, presented by Alexandra Rigney of Fleischner Potash LLP, will examine some of the more common ethical issues that face Insurance Coverage Attorneys. It will examine what materials and communications are protected by the attorney-client privilege and what the insured’s defense counsel can and cannot share with the insurance company. In addition, the course will explore when an insurance company can select and appoint defense counsel and when an insured has the right to independent counsel. The course will also explore situations where there is a potential conflict between an insured and insurer, such as when there are several claims that are not covered or when there is the potential for a verdict in excess of policy limits. Finally, the course will consider an insurer’s duty to make reasonable settlement decisions.

Learning Objectives:

1. Gain an overview of the relationship between the insurance company, its insured, and defense counsel (the tripartite relationship)

2. Explore situations where there can be conflicts of interest between the insurer and insured, and how to resolve these conflicts

3. Examine the duty of an insurer to make reasonable settlement decisions to protect the insured