Top Ten: Policyholder Strategies

1.      Adversaries: Are the Policyholder and the Reserving Insurer at War?[1]

2.      Acquiescence: Should the Policyholder Yield to the Insurer’s Reservation?[2]

3.      Quick Fixes: Are Cheap Solutions Available Right Now?

A.     Change Maybe to Yes?[3]

B.     Control Dependent Counsel?[4]

C.     Control the Insurer?[5]

4.      Develop Evidence: Will the Policyholder Actively Document Misdeeds?

A.     Is the Insurer’s Position Clear?[6]

B.     Is the Insurer Faithfully Defending?[7]

C.     Will the Insurer Settle?[8]

D.     Is Dependent Counsel Ethical?[9]

5.      Conflicts of Interest: Do Disqualifying Conflicts Exist?[10]

6.      Cooperation: Will the Policyholder and the Plaintiff Jointly Pursue Common Goals?[11]

A.     Is This a Set-Up?[12]

B.     Will the Plaintiff Plead Into Coverage?[13]

C.     Will They Testify Truthfully Into Coverage?[14]

D.     Will They Pop Policy Limits?[15]

7.      Control the Defense: May the Policyholder Take Over?

A.     Will the Policyholder Accept Dependent Counsel’s Control of the Defense?[16]

B.     Will the Policyholder Challenge Dependent Counsel’s Ethics?[17]

C.     Will the Policyholder Insist That the Insurer Pay Independent Counsel?[18]

D.     Will the Policyholder Challenge the Insurer’s Failure to Properly Pay for the Defense?[19]

8.      Seek to Settle: Will the Policyholder Actively With the Plaintiff?

A.     Will the Insurer and Dependent Counsel Actively Solicit Settlement?[20]

B.     Will the Policyholder Actively Solicit Settlement?[21]

C.     Will the Policyholder Assign Rights to the Plaintiff to Finance a Settlement?[22]

9.      Buss Reimbursement: Will the Policyholder Resist?[23]

10.    Blue Ridge Reimbursement: Will the Policyholder Resist?[24]

 


[1] See, Article: Reservation of Rights.

[2] See, Article: Acquiescence Is Dangerous.

[3] See, Quick Fixes.

[4] See, Attorney Duties in Table of Contents.

[5] See, Insurer Duties in Table of Contents.

[6] See, Articles: There Is No Deadline to Deny Coverage and Civil Code §2860 – Protection Must Be Earned.

[7] See, Article: Defaulting Insurer Forfeits Control of the Defense.

[8] See, Article: Duty to Settle.

[9] See, Attorney Duties in Table of Contents.

[10] See, Article: Disqualifying Conflicts of Interest.

[11] See, Article: Cooperation: A Strategic Choice.

[12] See, Article: Line Dividing Cooperation from Collusion.

[13] See, Article: Plead Into Coverage Properly.

[14] See, Article: Testify Into Coverage Truthfully.

[15] See, Article: How to Make a Policy Limit Settlement Offer Properly.

[16] See, Article: Control of the Conduct of the Defense.

[17] See, Attorney Duties in Table of Contents.

[18] See, Article: Disqualifying Conficts of Interest.

[19] See, Article: Defaulting Insurer Forfeits Control of the Defense.

[20] See, Article: Duty to Settle.

[21] See, Article: How to Make a Policy Limit Settlement Offer Properly.

[22] See, Article: Assignment of Policyholder’s Claims to a Plaintiff.

[23] See, Article: Buss Reimbursement.

Please enter your email address in order to view this page.
Your email address will not be sold to or shared with third parties.
DutytoDefend.com