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This program was recorded on January 4, 2021
When an injured, third party plaintiff sues a defendant who notifies its liability insurer, it issues a reservation of rights, and appoints its dependent counsel to defend the policyholder, notwithstanding unresolved conflicts of interest, the policyholder may retain control of the defense and require the insurer to pay for independent counsel, selected and directed by the policyholder, but paid by the reserving insurer. This course will explain how the policyholder may promptly and easily enforce a reserving insurer’s obligation to promptly and fully pay the policyholder’s independent counsel. Civil Code § 2860 specifies two little recognized conditions precedent that the insurer must satisfy before its rate limitation provision is implemented.
Principal fields of study include: duty to defend, conflicts of interest, reservations of rights, Cumis counsel, lawyers’ ethical obligations, reasonableness of attorney fees, insurer reimbursement claims, good faith reliance on counsel, insurer good or bad faith, insurance coverage in construction defect, professional liability, personal injury, many business and personal torts, products liability, malicious prosecution, false imprisonment, libel, slander, wrongful eviction, invasion of privacy, discrimination, sexual harassment, and pollution claims. Represented insurance companies or policyholders in coverage disputes. Defended policyholders for insurers in a wide variety of liability suits.
1 General Credit
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- Practical Reasons for a Policyholder to Accept or Reject Ethically Conflicted Dependent Counsel
- The Insurer-Independent Counsel Non-Relationship
- Control of the Defense
- Control of Settlement
- Confidentiality of Privileged Information
- Reporting to the Reserving Insurer
- How Much and How Often Must the Insurer Pay Independent Counsel