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Emerging Issues Analysis: SNR Denton on New York Marine & General Insurance Co. V, Lafarge v. North America, Inc.

By William T. Barker, Partner, SNR Denton In New York Marine & General Insurance Co. v. Lafarge North America, Inc. (“NYMAGIC”) 593 F.3d 102 (2nd Cir. 2010), the Second Circuit pointed out limits to an insured’s right to be defended by independent counsel, rather than counsel...

Responding to Independent Counsel Arguments Based on R.G. Wegman Construction Co. v. Admiral Insurance Co.

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 rights of independent counsel than formerly recognized...

SNR Denton on Lennar Corp. v. Transamerica Insurance Co.: Does a Right to Independent Counsel Entitle the Policyholder to Two Lawyers?

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 on payment of its own selected counsel as co...

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...

SNR Denton, US, LLP on Downhole Navigator, LLC v. Nautilus Insurance Co.: Fifth Circuit Concludes That Texas No Longer Allows a Policyholder to Demand Independent Counsel Merely Because the Insurer Offers a Defense under Reservation of Rights

By William T. Barker, Partner, SNR Denton Older Texas cases had indicated that, whenever a liability insurer offered a defense under reservation of rights, the insured was entitled to demand defense by independent counsel, at the insurer's expense. In Downhole Navigator, LLC v. Nautilus Insurance...

Insured Entitled To Independent Counsel Even When Being Defended WITHOUT A Reservation Of Rights (Court Rejects ALI Draft Principle)

When it comes to an insured’s right to retain independent counsel, when being defended by its insurer under a reservation of rights, there are some general rules of the road. In a few states a defense provided under a reservation of rights automatically entitles the insured to independent counsel...

A Win For Insurers: Nevada Supreme Court Adopts “Cumis” Rule

Tapas: Small Dishes of Insurance Coverage News & Notes Answering a Certified Question from a Nevada District Court, the Supreme Court of Nevada held as follows in State Farm v. Hansen, No. 64484 (Nev. Sept. 24, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...

Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict

The Nevada Supreme Court has adopted the "Cumis" independent counsel doctrine first adopted in California more than 30 years ago. In State Farm Mut. Auto. Ins. Co. v. Hansen , 131 Nev. Adv. Op. 74 (9/24/2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance...