When a liability insurance company determines that it may have a duty to defend against a lawsuit but does not want to waive its coverage defenses, most states allow the carrier to provide its insured with a defense against the lawsuit under a reservation of rights. The question then becomes whether the insurer or the insured gets to select that defense counsel.
Many states have determined that when the insurer reserves its rights, the insured in some situations may be entitled to select its own independent defense counsel—otherwise known as Cumis counsel in California or Peppers counsel in Illinois, after the famous cases that enumerated this right—at the insurer’s reasonable expense.
Attendees of this panel discussion during the 34th Annual Insurance Coverage Litigation Committee Mid-Year Program will learn about when the right to independent counsel arises, when the retention of independent counsel makes sense (even if not legally required), how to negotiate reasonable rates, applicability or not of insurer defense and billing guidelines, reporting obligations within the tripartite relationship, confidentiality of the insured’s defense file, the insurer’s participation in the defense, simultaneous litigation of coverage issues and collateral estoppel on facts relevant to coverage. The discussion will span multiple jurisdictions from both the insurer side and the policyholder side.
Speakers:
- Heather Weaver, Partner, Lowenstein Sandler LLP
- Laura B. Dowgin, Kennedys
- Janet Foster, Casualty Team Manager, Interinsurance Exchange of the Automobile Club
- Michael L. Young, Reichardt Noce & Young LLC
- Bradley M. Zaffiri, Claims Attorney, SECURA Insurance Companies
Time: 9:45 a.m. PT
Location: Estancia La Jolla Hotel & Spa, 9700 N Torrey Pines Rd, La Jolla, CA 92037
*This event is open to the public but requires a registration fee.
