When a liability insurer agrees to defend its policyholder against a third party liability claim, the insurer always creates some conflicts of interest with its policyholder because each wants the other to pay. This conflict of interest raises a question: Should the policyholder trust a reserving insurer?
If the reserving insurer also appoints a lawyer from its pre-approved “panel” (known as dependent counsel) to conduct the policyholder’s defense, dependent counsel develops different, but closely related ethical conflicts. These conflict of interest raises another question: Should the policyholder trust a reserving insurer chosen counsel? The policyholder runs a risk that insurer’s lawyer may favor the interests of the insurer (which always pays the lawyer’s fee for thousands of cases) over the interests of the policyholder (who usually pays the lawyer nothing).
Policyholders who would like to determine whether their reserving insurer or its chosen dependent counsel are trust worthy may find out by asking a reserving insurer and its dependent counsel to know the law set forth in the following memoranda of law. Simply send each an email attaching the following memoranda and article.
If the reserving insurer is trustworthy, it satisfy its policyholder that it will either c
If the lawyer is trustworthy, policyholders may email to dependent counsel and to the insurance claims adjuster the documents attached here in pdf, Word, and WordPerfect. Send them as a pdf together with a cover note something like this:
Dear dependent counsel and insurance adjuster:
Attached are some materials I found on the internet. I am concerned that dependent counsel cannot ethically represent me because the insurance company has reserved its rights to deny coverage to me. Please complete and return the Questionnaires. If the attached materials do not correctly state the law, please provide to me your legal authority.
I would like to set up a Zoom meeting, which I will record, to discuss these materials with you.
You may download the following materials in pdf format and attach them to your email.
Conflict of Interest Basics.pdf
Ethical Compliance Questionnaire.pdf
Compendium of Attorney Duties.pdf
2860 Does Not Supersede Cumis.wpd
2860 Does Not Supersede Cumis.doc