independent counsel News

Tips on Navigating the Independent Counsel Bad Faith Minefield

The decision to hire independent counsel on a claim can be wrought with pitfalls, according to Kevin Quinley, founder and principal of Quinley Risk Associates. During an interview with Claims Journal for his Claims Insights podcast series, he offered six …

The Pitfalls of Rejecting a Defense Under Texas ‘Same Facts’ Test

Texas law recognizes that an insurer’s reservation of rights can create a potential conflict of interest. Northern County Mut. Ins. Co. v. Davalos, 140 S.W.3d 685 (Tex. 2004). Although there is a potential for conflict in this situation, the assertion …

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 …

The Insurer’s Duty to Provide Independent Counsel in California

This is part one of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Under liability insurance policies, an insurer has a duty to indemnify the insured for loss as well …