Insurance Defense: Introduction to Tripartite Relationship and Avoiding Conflicts of Interest

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Friday, June 7, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will explore the tripartite relationship and several frequently seen scenarios where conflicts of interest arise: reservation of rights letters, billing audits, billing guidelines, insured's lack or cessation of cooperation, coverage defenses, and policy limits demands. The panelists will review recurring problems and offer guidance about best practices and strategies for addressing the issues.
Faculty

Mr. Mayerson specializes in complex insurance-coverage disputes including litigation, settlement and advice, and has appeared as counsel in actions seeking insurance recovery for environmental liabilities, asbestos bodily injury claims, product-liability claims, medical-device liability, fidelity losses, errors-and-omissions liability and employment-practices liability matters.

Ms. Beam focuses her practice on complex design and construction litigation in arbitrations, state court, and federal court. She has successfully represented general contractors, subcontractors, architects, engineers, surveyors, realtors, and brokers in residential, commercial, and highway projects. Ms. Beam's practice includes the defense of design and construction defects, construction site injuries and fatalities, and allegations of fraud and concealment of defects when properties are sold. She also has experience drafting contracts for design professionals and contractors at the beginning of projects, advising clients during ongoing construction projects when problems arise, and negotiating claims to help her clients avoid litigation. Ms. Beam also handles representing clients in professional licensure board complaints.

Mr. Doss focuses his practice on trial advocacy in the areas of white-collar criminal defense and complex civil litigation. In addition to conducting internal investigations for private and public entities, he has defended businesses and individuals in connection with grand jury investigations, administrative enforcement proceedings and criminal prosecutions at the trial and appellate levels. For nearly a decade, Mr. Doss has served as appellate counsel for an automobile manufacturer. He has aided trial teams pre-trial, at trial, and post-verdict through appeal. As appellate counsel, Mr. Doss has developed and implemented strategies to address a myriad of legal issues, from errors in jury selection to exclusions of experts to evidentiary objections to post-verdict challenges to punitive damages awards.
Description
When a liability insurer hires a lawyer to defend its insured, a “tripartite relationship” arises among the three: defense counsel, the insurer, and the insured. Each owes duties to the other, so the relationship is full of potential and unending conflicts and divergent interests. In some states, lawyers have enhanced or heighted legal duties to juggle the competing interests. In other states, the insured may be entitled to select independent counsel, but that counsel, too, owes duties and obligations.
The duties and rights owed among the different parties spring from the insurance policy, state insurance laws, the rules of professional responsibility, and common law. The various sources of authority are unclear or in tension. At any given time, each person in the relationship has or can develop irreconcilable, complex, and intertwined economic and legal goals.
Listen as this experienced panel of insurance practitioners discusses how counsel can learn to recognize and identify potential conflicts in the tripartite relationship and avoid them if possible.
Outline
- Overview of tripartite relationship
- Overview of controlling authority
- Recurring situations
- Reservation of rights letters
- Billing audits without insured consent
- Billing guidelines
- Insured's lack or cessation of cooperation
- Revealing coverage defenses, policy limits demands
- Best practices for spotting conflicts
Benefits
The panel will discuss these and other key issues:
- What are the most common types of conflicts that arise?
- How do different states analyze the tripartite relationship?
- Who is the client? Who can sue defense counsel and for what?
- How do case law and legal-ethics rulings intersect when navigating the tripartite relationship?
Related Courses

Excess Insurers’ Right to Challenge The Primary Insurers’ Claim Adjustment
Available On-Demand

Handling an Insurance Liability Claim: Roadmap for New Attorneys
Available On-Demand
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