The Duty to Defend

Attorneys’ Fees May Be Covered as Costs

Control of the Defense – Basic Principles

Control of the Defense – Yes, No, Maybe

Defaulting Insurer Forfeits Control of the Defense

Duty to Defend Overview

Duty to Defend in a Nutshell

Duty to Defend Title Insurance

Duty to Defend – Trigger – Step by Step Analysis

Duty to Defend Vigorously

Duty to Investigate

Duty to Settle

40 Day Deadline to Deny Coverage

Insurer Decisions Yes, No, Maybe

Measure of Damages – Failure to Defend

Pretender Fees

Settlement – Favorable Evidentiary Presumptions

Trial Brief: Overview of Duty to Defend

Lawyer Duties

Attorney’s Authority to Bind Client

Attorney Client Relationship

Compendium of Attorney Duties

Dependent Counsel’s Duty to Initiate an Adequate Conflict of Interest Analysis

Disqualifying Conflicts of Interest

Duty of Competent Representation

Duty of Confidentiality

Duty of Disclosure

Duty of Undivided Loyalty

Duty to Advise

Duty to Advise of Right to Independent Counsel

Duty to Respond to Inquiry

How Dependent Counsel Conflicts of Interest Arise

Limited Scope of Representation

“Maybe” – Insurer Reserves Rights to Later Deny Coverage

“No” – Insurer Denies All Coverage

Reservation of Rights

50 State Survey: Is an Insurer That Reserves Its Rights to Deny Coverage Required to Pay Independent Counsel?

Insurer Silence Usually Concedes Full Coverage

Reservation of Rights

Conflicts of Interest

Antiquated Distinction Between Potential and Actual Conflicts of Interest

Civil Code 2860 Does Not Supersede Cumis

Conflicts of Interest Defined

Compendium of Conflicts of Interest

Compendium of Cases – Failure of Proof of Conflicts of Interest

Cumis Line of Cases

Cumis Rule

Cumis Rule Is Based on Attorney Ethics

Cumis Test – When Does the Right to Independent Counsel Vest?

Dependent Counsel Always Represents the Insurer

Dependent Counsel Is Beholden to the Insurer

Difference Between Dependent Counsel and Independent Counsel

Dynamic Concepts Line of Conflict of Interest Cases

Ethical Compliance Questionnaire

Tripartite Relationship: When Harmony Dissolves to Dissonance

How to Read a Liability Insurance Policy

Policy Structure

The Primary Promise to Indemnify

The Primary Promise to Defend

The Remainder of the Policy

Insurer Rights, Duties and Defenses

Duty of Good Faith and Fair Dealing

Good Faith Reliance on Advise of Counsel

How Much Must an Insurer Pay Independent Counsel?

How Often Must an Insurer Pay Independent Counsel?

Policy limit settlement offer

Collusion Defense

Compendium Cases – Collusion

Elusive Definition of Collusion

Line Dividing Cooperation from Collusion

Failure to Cooperate Defense

Compendium of Cases – Cooperation

Cooperation: A Strategic Choice

Policyholder’s Duty to Cooperate

Policyholder Rights

Assignable Rights Under a Liability Insurance Policy

Coverage Questionnaire

Coverage Questionnaire – Annotated

Ethical Compliance Questionnaire 

Ethical Compliance Questionnaire – Annotated

How Much Must an Insurer Pay Independent Counsel?

How Often Must an Insurer Pay Independent Counsel?

Insurer-Policyholder Fiduciary-Like Relationship

Policy limit settlement offer

Questionnaire Case Studies

Settlement – Favorable Evidentiary Presumptions