Pros, Cons, and Coverage: Assessing an Insured’s Right to Independent Counsel

Learn about the circumstances that trigger the right to independent counsel, including coverage issues that may create a conflict of interest between insured and carrier, and states with specific nuanced requirements.

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Related Content

• Insured's Right to Independent Counsel Checklist
  Review the key considerations under which an insured has the right to independent counsel.

• Insured's Right to Independent Counsel State Law Survey
  Examine the methods for addressing conflicts of interest—which vary widely among the states—in the context of the insured’s right to independent counsel.

• Insured's Right to Independent Counsel and Related Issues State Law Survey
  Track various issues relating to this topic, including jurisdictions in which independent counsel is not required or where the right is created by any reservation of rights or an actual conflict about control of a defense.

• Duty to Defend and Duty to Indemnify
  Do a deep dive into the two major duties that an insurer commits to providing under an insurance policy.

• Reservation of Rights
  Assess the reservation of rights letter, which must be drafted and issued in accordance with state statutory and decisional laws.

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