Is a Reserving Insurer’s Lawyer Trustworthy?

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. If the reserving insurer also appoints a lawyer from its pre-approved “panel” (known as dependent counsel) to conduct the policyholder’s defense, 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). To find out 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.

Coverage Questionnaire.doc

Coverage Questionnaire.wpd

Coverage Questionnaire.pdf

Ethical Compliance Questionnaire.doc

Ethical Compliance Questionnaire.wpd

Ethical Compliance Questionnaire.pdf

Conflict of Interest Basics.doc

Conflict of Interest Basics.wpd

Conflict of Interest Basics.pdf

Compendium of Attorney Duties.doc

Compendium of Attorney Duties.wpd

Compendium of Attorney Duties.pdf

Tripartite Relationship.doc

Tripartite Relationship.wpd

Tripartite Relationship.pdf

LA Lawyer Mag – The Cumis Canon.pdf


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