In my last blog, I discussed an upcoming LawLine.com lecture that I will be giving with my partner, Matthew Conroy, on May 1, 2017. LawLine.com is the largest online, continuing legal education (CLE) provider in the United States. I have 11 lectures available, some of which I delivered on my own, and some with the help of Matt. Those lectures are available for purchase and viewing on LawLine.com
Today’s blog covers the second lecture slated for May 1st: “Ethically Representing Parties in Insurance Coverage Matters.” This lecture will help attorneys understand the problems and issues that arise when they are involved in certain insurance recovery matters.
Here is an abbreviated syllabus for the event:
•Conflicts of insurance, issues concerning information sharing, informed consent, and communication; as well as discussing examples of conflicts that can arise.
•The ethical issues that arise when a liability insurance company hires a lawyer through an insurance contract to defend an insured in a liability claim.
•The risk of personal liability an insured can face when the defense lawyer is representing that insured, including the possibility that the coverage could be taken away by the insurance company—or the insured’s exposure to liability above the policy limits.
•Third-party bad faith, which is when an insurance company fails to, or refuses to, settle within policy limits and then exposes the policyholder or insured to liability above and beyond the insurance policy indemnity limit.
•The role of assigned counsel in operating under the insurance company’s direction. We’ll also talk about when independent counsel is hired and the rights of the insurer to select independent counsel, as well as the independent counsel’s duty and obligations once they have been chosen.
•Ethical issues that arise when potential or actual fraud exists in connection with an insurance claim, whether it be a first-party property claim, or a third-party liability claim, and what the lawyer’s obligations are.
So join Matt and me live on May 1st—the subject matter will be national in scope, with a focus on certain states like California and New York. This lecture will be geared much more to A but should still be enlightening to anyone with an interest in these issues.
Evan S. Schwartz
Founder of Schwartz Law
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