Insurance Law

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Hornberger v. Seymour: Insurer May Retain Defense Counsel Even If Insured Can’t Be Located
Posted on 16 Dec 2010 by William T. Barker

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... Read More

SNR Denton LLP on Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A.: Excess Insurer Can Sue Appointed Defense Counsel for Malpractice
Posted on 5 Nov 2012 by William T. Barker

By William T. Barker, Partner, SNR Denton LLP In Great American Excess & Surplus Insurance Co. v. Quintairos, Prieto, Wood & Boyer, P.A., the Mississippi Supreme Court adopted the opinion of a divided Mississippi Court of Appeals holding... Read More

SNR Denton on Lennar Corp. v. Transamerica Insurance Co.: Does a Right to Independent Counsel Entitle the Policyholder to Two Lawyers?
Posted on 21 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Lennar Corp. v. Transamerica Insurance Co. addressed the novel question whether an policyholder entitled to independent counsel could both accept representation by the counsel selected by the insurer and insist... Read More

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement
Posted on 14 Dec 2011 by William T. Barker

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... Read More

New Appleman on Insurance Law Library Edition - § 16.04: The Tripartite Relationship Among the Insured, the Insurer and Insurer-Directed Defense Counsel
Posted on 22 Dec 2011 by LexisNexis Insurance Law Newsroom Staff

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... Read More

New Matthew Bender Insurance Law Publication in One-Volume Looseleaf, Online and In e-Book Format
Posted on 2 Jan 2013 by LexisNexis Insurance Law Newsroom Staff

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... Read More

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?
Posted on 12 Sep 2011 by William T. Barker

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... Read More

Insured vs. Insured on Same Policy Is 1st-Party Claimant
Posted on 14 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton In Loudin v. National Liability & Fire Insurance Co. , 716 S.E.2d 696 (W. Va. 2011), the West Virginia Supreme Court held that policyholder making a liability claim against another insured on the policy... Read More

Responding to Independent Counsel Arguments Based on R.G. Wegman Construction Co. v. Admiral Insurance Co.
Posted on 1 Mar 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Counsel for insureds are likely to use the Seventh Circuit’s opinion in R.G. Wegman Construction Co. v. Admiral Insurance Co., 2011 U.S. App. LEXIS 679 (Jan. 14, 2011), as a basis to argue for broader... Read More