Earlier this year, I posted about whether a policyholder has a right to independent counsel when a possible conflict of interest appears between the carrier and the policyholder. (You can read that post here.) We’re frequently asked that question, because when insurance companies agree to defend a claim, they often send a reservation of
independent counsel
Independent Counsel and the Insurance Company’s Duty to Defend
By Gene Killian on
Posted in Duty to defend, Estoppel and waiver
I know that this is hard to believe, but even when an insurance company complies with its duty to defend, the interests of the insurance company and its policyholder may not be aligned. The policyholder may want to settle, while the insurance company wants to roll the dice; or, vice-versa. Or, the policyholder may want…