August 2008
Conflicts of Interest Between an Insurer and Its InsuredThe Insured’s Right to Independent Counsel
By Bob Alpert and Jeff Douglass
This article examines potential conflicts of interest between an insurer and its insured and the extent of an insured’s right to its own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.
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