Who Are You?


This site may have something for a wide variety of readers who have different perspectives, goals, and needs. Curiosity seekers and non-lawyers may want an overview in simple, non-technical language. Sceptics, lawyers and claims agents may require proof for every notion mentioned here. This aid to navigation is a portal for various categories of readers facing specific situations who can learn more by clicking the appropriate H (meaning hyperlink) below.


I have been sued and my liability insurer should protect me in the lawsuit. I want closure quickly and cheaply so I can get on with my life and my business. To make sure that my insurer and its lawyer are doing everything they should for me without hiring my own lawyer, I want to know:

•     am I covered if my insurer hires a lawyer to defend me without warning me of any coverage problem? H

•     how can I find out if I can trust my insurer? H

•     how can I find out if I can trust the insurer’s lawyer? H


A client has received a civil complaint and a letter from a liability insurer. Insurance coverage is not my primary field of expertise but I want to get up to speed to advise the client competently. I want to know:

•     how can I get the liability case settled? Policy Limit Settlement Offer Properly – PP" href="http://dutytodefend.com/how-to-make-a-policy-limit-settlement-offer-properly-2/">H

•     how can I resolve a coverage dispute cheaply and quickly? Conflicts of Interest" href="http://dutytodefend.com/top-ten-procedural-options-to-resolve-conflicts-of-interest/">H

•     is the insurer is misbehaving? Insurer Duties" href="http://dutytodefend.com/compendium-of-insurer-duties/">H

•     if dependent counsel misbehaving? Attorney Duties" href="http://dutytodefend.com/compendium-of-attorney-duties/">H

•     should we just go along? H

•     what if evidence in the liability dispute undermine coverage? H

•     will the insurer to pay me to defend the client? cumis-test/">H

•     what should my retainer agreement say? H

•     will the insurer to pay my full standard rate? H

•     will the insurer to pay me monthly? H

•     what can I do if the insurer isn’t paying me? H

•     whose in charge of the defense? H

•     whose in charge of settlement? H

•     can I cooperate with the plaintiff’s counsel to secure coverage? H

•     how should I respond to the insurer’s claim to get costs of defense back? H

•     how should I respond to the insurer’s claim to get costs of settlement back? H

•     what can I do about the insurer’s declaratory relief action? H

•     how can I boost the policy limit? H

•     should we settle or adjudicate the liability dispute? H


I have sued a defendant who may or may not be rich enough to pay a judgment and I want to know:

•     can I talk to the defendant? H

•     will my lawyer charge me more if the defendant’s insurer denies coverage? H

•     should I make a policy limit settlement offer? H


My client has a great case of liability and substantial damages, but I want to settle soon and I’m worried about collecting from the defendant. I want to know:

•     how can I find out about the defendant’s liability coverage? H

•     can/should I charge my client another fee if there is a coverage dispute? H

•     can/should I cooperate with the policyholder regarding coverage? collusion/">H

•     can/should I plead into coverage? H

•     how can I deflect the insurer’s accusations of collusion? H

•     when/how should I make a policy limit settlement offer? H


As regular panel counsel, an insurer has again hired me to defend a policyholder in a liability lawsuit. I want to keep the insurer happy, earn a nice fee, behave ethically, keep my license, and avoid personal liability. I want to know:

•     what are my duties to the policyholder? H

•     should I initiate finding out if the insurer has reserved rights? H

•     how should I respond to an Ethical Questionnaire? H


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