This CLE will offer in-depth legal analysis and practical suggestions on how ethical duties can empower policy holders when a liability insurer agree to defend under a reservation of rights but then appoints defense counsel and directs the defense.
In this CLE, Stephen L. Thomas examines the language of the ethical rules, liability insurance law, and provides non-litigation solutions for panel counsel to comply with ethical obligations, for reserving insurers to fulfill contractual & regulatory obligations, for policyholders to enforce their rights and for counsel for injured victims to facilitate prompt settlements. The main issues discussed: how a reservation of rights triggers counsel?s duty of undivided loyalty and creates a possible conflict of interest, well established (disparate) case law and practice pointers for how policy holders can win. Also covered: the 3 Types of Jurisdictions, the California Restatement Rule, Per Se Rule states, the Enhanced Duties Rule, Rule 1.7: Undivided Loyalty, Rule 1.4: Communication, Rule 1.6: Confidentiality, Rule 1.8: Compensation (Cal. 1.8.6), the 6 Prongs to success, developing admissible evidence, Insurance Industry Defenses, case law. Model emails & letters, questionnaires and a detailed memorandum of law are also provided in the written materials.
An attorney with over 40 years of experience in Insurance Law, Stephen L. Thomas focuses on defending policyholders in a wide variety of liability suits.