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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 it is covered. Professional Responsibilities of Insurance Defense Counsel provides the only comprehensive treatment of this topic with detailed guidance for defense counsel retained by an insurance company as well as for the company itself, covering every step of the representation.

From the formation of the attorney-client relationship(s), through the necessary initial communications with the insured, and into the trial or settlement that normally concludes the representation, this publication covers the gamut of complex issues that may arise in the course of the defense. It examines the special issues affecting insurance staff counsel, the circumstances in which the insured is entitled to independent counsel, and the responsibilities and liabilities of independent counsel when representing the insured.

Walking on an ethical tightrope? Get the comprehensive source that covers every step of the representation of the policyholder.

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William T. Barker, Charles Silver

This treatise provides:

• Detailed guidance and sample letters on the widely overlooked topic of initial communication with the insured

• Extensive analysis of a wide range of situations to determine when an insured does or does not have a right to independent counsel

• Assessment of knotty and unresolved issues regarding defense counsels’ duties of confidentiality and communication, when those duties to the insured and to the insurer collide with one another

• Examination of the rights and obligations between an insurer and independent counsel who defends an insured

Turn to Professional Responsibilities of Insurance Defense Counsel to address key issues affecting the tripartite relationship among the insured, the insurer and insurance defense counsel, and for practical information no matter what jurisdiction governs the issues at hand.

Professional Responsibilities of Insurance Defense Counsel

$160 1 volume, loose-leaf, Pub. #01712,

ISBN 9781422495902eBook | epub or mobi format,

eISBN 9780327183143

Price does not reflect sales tax, shipping or handling. Prices subject to change without notice.

Professional Responsibilities of Insurance Defense Counsel

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Table of Contents

Ch. 1 Controversies Over Insurance Defense Counsel’s Professional ResponsibilitiesCh. 2 Context: The Liability Insurance PolicyCh. 3 Retention of Insurance Defense CounselCh. 4 Whom Does Insurance Defense Counsel Represent?Ch. 5 Duty of LoyaltyCh. 6 Policyholder’s Rights to Independent CounselCh. 7 Insurer Use of Staff CounselCh. 8 The Scope of Defense Counsel’s EngagementCh. 9 Defense Counsel’s Duties to CommunicateCh. 10 Confidentiality and Sharing of Information Among Carrier, Policyholder,

and Defense CounselCh. 11 Adjuster Involvement in Defense Planning and Decision MakingCh. 12 Watching for and Reacting to Possible Conflicts Between Companies and

Policyholders or Between Co-Client PolicyholdersCh. 13 Compensating Defense CounselCh. 14 Rights and Obligations When Policyholder Has Independent Counsel

About the Authors William T. Barker is a member of the Insurance Litigation & Coverage Practice Group of Dentons U.S. LLP, practicing in its Chicago office, with a nationwide practice, primarily representing insurers, in the area of complex commercial insurance litigation. He is a member of the Editorial Board of New Appleman on Insurance Law Library Edition, and a consulting author of the New Appleman Insurance Law Practice Guide. He is an Adviser to the American Law Institute project on the Restatement of the Law of Liability Insurance.Mr. Barker is a Vice Chair of the American Bar Association Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee and a co-chair of the Subcommittee on Bad Faith Litigation of the ABA Litigation Section Insurance Coverage Litigation Committee.

Charles Silver holds the Roy W. and Eugenia C. McDonald Endowed Chair at the University of Texas School of Law, where he writes and teaches about civil procedure, professional responsibility and health carelaw and policy. He is a leading academic authority on the professional responsibilities of insurance defense counsel and was one of the Reporters for the study of that subject undertaken by the Internal Association of Defense Counsel and Defense Research Institute.