Conflicts of Interest
insured often wants to vindicate him- or herself or his or her product, while the insurer wants only to defend the case and reach a resolution that is mutually economically beneficial. Product liability, medical malpractice, attorney malpractice, and insurance agent malpractice are areas in which this type of conflict appears. If there is a rare “consent” provision in the policy, the adjuster and the attorney must abide by the insured’s wishes. Otherwise, the insurer has the absolute right to control the defense and enter into a settlement the insurer believes appropriate.
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