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Focus (Forum & Focus)

May 3, 2008

When Coverage and Counsel Clash

Focus Column - By Peter S. Selvin - The tripartite relationship between insured, insurer and counsel appointed by the insurer in a liability case is fraught with potential conflicts.

FOCUS COLUMN

By Peter S. Selvin
This article appears on Page 7

      The tripartite relationship between insured, insurer and counsel appointed by the insurer in a liability case is fraught with potential conflicts. By enacting Civil Code Section 2860, the Legislature sought to provide benchmarks for the appointment of independent counsel for the insured in circumstances where an actual conflict interest may be found to exist.

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