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David vs. Goliath: How Policyholders Hold Great Power When Insurers Issue Reservations of Rights and Panel Counsel Fail to Obey Ethical Rules

Presented by Stephan Thomas

(1,573 Ratings)

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Course Description

Length: 2h 17min    Published: 1/4/2023    
Millions of times per year, liability insurers issue reservations of rights agreeing to defend their policyholders against liability disputes, which always creates some conflict of interest between the reserving insurers and their policyholders because each wants the other to pay. Fifty American jurisdictions have consistently ruled that if the reservation of rights creates an ethically disqualifying conflict of interest, pre-approved “panel” defense lawyers may not accept representation of the policyholder nor accept compensation from the reserving insurer unless they first clear potential conflicts of interest created by the reservation of rights, usually by obtaining informed written consent. Sadly, most panel lawyers utterly fail to obey the Rules. Armed with Rules 1.4 (disclosure), 1.7 (conflicts of interest), and 1.8.6 (compensation), policyholders alone wield great power to select and direct independent counsel at the insurer’s expense to defend against the liability dispute. Success rests upon understanding timing, burden, and proof. This will be a “how to” course for policyholders and their independent counsel to quickly, easily, and cheaply resolve conflicts of interest with a single mantra: “Just say no!”
Learning Objectives
* Understand the inherent conflicts of interest that occur when an insurer appoints dependent counsel to represent an insurance policyholder
* Know the ethical obligations of dependent counsel
* Learn valuable strategies for counsel to succeed in insurance suits while adhering to their ethical duties
Read the course transcript.

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Presented By:

Stephan Thomas

Los Angeles, CA


Featured Reviews

"Very enthusiastic and interesting speaker- an admirable advocate for the client who is up against the powerful insurance industry. "

   Diana G

"I thoroughly enjoyed this very informative lecture. All lingering questions I had in this area was addressed in this lecture. Thank you "

   Marcia M

"Excellent instructor...absolutely excellent."

   James P

"Some courses just review information. This one reveals it. Eye opening and ground breaking"

   Guy M