conflict of interest News

Attorney for Insurer Says Law Firm Working with Contractors to Find New Hurricane Claimants

An insurance defense attorney accuses the McClenny Moseley & Associates law firm of teaming up with restoration contractors to illegally acquire clients, which sometimes resulted in duplicate lawsuits being filed against insurers for claimants who were already represented by other …

Viewpoint: Calif. Appellate Court Refuses to Expand Trigger for Independent Counsel

Under California Civil Code §2860, insureds have a right to obtain independent counsel at the insurer’s expense whenever there are competing interests that create an ethical conflict for the insurer-appointed counsel. Since enactment, the California courts defined the boundaries of …

How Canine Heart Disease was Tied to Grain-Free Dog Food

In 2018, the U.S. Food and Drug Administration, acting on input from a group of veterinary researchers, began investigating whether the increasing popularity of grain-free dog foods had led to a sudden rise in a potentially fatal heart disease in …

Utah Supreme: Appearance of Conflict Enough to Disqualify Medical Evaluator

Workers’ compensation claimants don’t have to prove that the physicians appointed to resolve medical disputes have an “actual bias” — the mere appearance of a conflict of interest is enough to disqualify them from evaluating a claim, the Utah Supreme …

Insurance Defense Counsel a New Target of Legal Malpractice Claims

The size of payouts for legal malpractice claims reached an all-time high last year, and for the first time some of those claims were made by insurers against the defense attorneys they hire to represent their insureds, according to a …

Universal Drops Conflicts of Interest Complaint About Public Adjusters

The Florida property insurance community was abuzz this week after word got out that a closely watched complaint about some public adjusters’ apparent conflicts of interest had been withdrawn. The head of investigations for Universal Property & Casualty Insurance, one …

Apollo, Centerbridge Backed PG&E, Funded Loan to Firm Suing It

Two major investors in PG&E Corp. are also backing a loan to one of the law firms suing the bankrupt California utility on behalf of thousands of wildfire victims. Centerbridge Partners LP is the among the 20 biggest shareholders in …

Mississippi Judge Reprimanded and Fined for Conflict in Asbestos Case

The Mississippi Supreme Court has ordered a public reprimand and fine for a judge who was accused of failing to disclose a potential conflict in a Smith County asbestos case that resulted in a $322 million verdict. In May 2011, …

The Insurer’s Duty to Provide Independent Counsel in Illinois

Illinois law requires insurers to provide independent counsel for their insured when a conflict of interest arises. The duty developed from balancing the insurer’s obligation to defend the insured with the ethical obligations of appointed attorneys, and is firmly grounded …

The Insurer’s Duty to Provide Independent Counsel in Alaska

This is part two of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Read Part 1. Alaska imposes a broad duty on insurers to provide independent counsel for the insured …