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.
[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.
[24] See, Article: Blue Ridge Reimbursement.