Richmond on Defense Lawyer's Malpractice Liability

In his analysis of Defense Lawyers' Malpractice Liability to Excess Insurers, Senior Vice President of Aon Risk Services, Douglas R. Richmond, Esq., discusses the rise in malpractice suits by excess insurers against defense counsel hired by liability insurers when verdicts exceed primary insurance...

Hornberger v. Seymour: Insurer May Retain Defense Counsel Even If Insured Can’t Be Located

By William Barker, Partner, SNR Denton, LLP From time to time, insurers and defense counsel face the problem of an insured who can’t be located. If the insured can’t be found when the lawsuit is filed, there can be a real question whether defense counsel can even file an appearance. In...

Seven Mississippi Rush: State’s Appeals Court Allows Excess Insurer to Get Two Hands on Negligent Defense Counsel

Randy J. Maniloff, White and Williams, LLP This is usually the part of Binding Authority where I say something silly - sometimes Sophomoric - and then attempt, with mixed results, to connect it to the coverage decision under review. Some of you have told me that this is also the only part of Binding...

How Insurance Coverage Lawyers Can Assist Other Lawyers in Helping Their Clients

By John L. Watkins, Partner, Barnes & Thornburg LLP As an insurance coverage lawyer, I am often asked to assist other lawyers in dealing with insurance issues that affect their clients. Insurance coverage is not intuitive. In many instances, counsel may not realize that a claim or dispute is...

John Watkins on Assistance Insurance Coverage Lawyers Can Provide to Other Attorneys

By John L. Watkins, Partner, Barnes & Thornburg LLP As an insurance coverage lawyer, I am often asked to assist other lawyers in dealing with insurance issues that affect their clients. Insurance coverage is not intuitive. In many instances, counsel may not realize that a claim or dispute is...

Attorneys May Seek Guidance from Insurance Coverage Attorneys In Order to Better Assist Their Clients

By John L. Watkins, Partner, Barnes & Thornburg LLP As an insurance coverage lawyer, I am often asked to assist other lawyers in dealing with insurance issues that affect their clients. Insurance coverage is not intuitive. In many instances, counsel may not realize that a claim or dispute is...

John Watkins On Assistance Insurance Coverage Lawyers Can Provide To Other Attorneys

By John L. Watkins, Partner, Barnes & Thornburg LLP As an insurance coverage lawyer, I am often asked to assist other lawyers in dealing with insurance issues that affect their clients. Insurance coverage is not intuitive. In many instances, counsel may not realize that a claim or dispute is covered...

SNR Denton on Weitz Co. v. Ohio Casualty Insurance Co.: Is an Insurer a Co-Client of Defense Counsel It Retains to Defend an Insured?

By William T. Barker, Partner, SNR Denton The Colorado federal district court in Weitz Co. v. Ohio Casualty Insurance Co. concluded that a Colorado liability insurer is not a client of defense counsel for its insured. That was correct on the facts before the court and its decision on the issue before...

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted in an excess judgment and a bad faith claim that...

New Appleman on Insurance Law Library Edition - § 16.04: The Tripartite Relationship Among the Insured, the Insurer and Insurer-Directed Defense Counsel

Section 16.04 of New Appleman on Insurance Law Library Edition deals with the relationship that exists between insureds, their insurers, and the insurer-directed legal counsel that insurers provide to their insureds. You can download a free copy of this section by clicking on the link below. Section...

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...

New Matthew Bender Insurance Law Publication in One-Volume Looseleaf, Online and In e-Book Format

Insurance defense counsel have unique and complicated professional responsibilities arising from their dual relationships with the insured who is being defended and the insurer who is providing the defense and must pay the judgment or settlement (assuming it is covered). William T. Barker & Charles...

Florida Appeals Court Squeezes Insurers: Must Appoint Separate Counsel For Each Insured

By Randy J. Maniloff, White and Williams, LLP Court Creates Sunshine State For Defense Counsel It is a question that I get asked regularly from clients: We have a duty to defend and there are four insureds (or any number greater than one). Do we need to retain separate defense counsel for...