New Appleman Insurance Bad Faith Litigation, Second Edition - § 3.06: Duties of Insurer-Selected Defense Counsel in Partial Coverage or Excess Exposure Cases, and § 3.07: Insurer Liability for Improper Defense

New Appleman Insurance Bad Faith Litigation, Second Edition is a one-volume law and practice guide that discusses the duties and obligations of insurers to their insureds, and the consequences of the insurer's breach of its duty of good faith and fair dealing. It discusses both first party and third party bad faith claims, and contains legal background, procedural guidance, and sample forms to aid the attorney in analyzing and dealing with controversies that involve the insurer's duty of good faith and fair dealing. Chapter 3 of New Appleman Insurance Bad Faith Litigation, Second Edition covers the insurer's duty to defend.

In Chapter 3, section 3.06 explains the duties of insurer-selected defense counsel in partial coverage or excess exposure cases. Where a lawsuit involves possible liability in excess of policy limits or noncovered liability, the insured's interest in minimizing any verdict can be acute. Additionally, if an insurer grants defense counsel discretionary settlement authority, that can create a conflict if there is excess exposure. You can download a free copy of section 3.06 by clicking on the link below.

In Chapter 3, section 3.07 analyzes an insurer's potential liability for improper defense. Most jurisdictions hold that a liability insurer is vicariously liable for the negligent errors of defense counsel it employs and directs in defending the insured. But a substantial minority, including many larger jurisdictions, holds that defense counsel is an independent contractor, whom the insurer is forbidden to control closely enough to support vicarious liability. You can download a free copy of section 3.07 by clicking on the link below.

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