Insurance 101 – Chapter 13 – Volume 31 – When Retained Defense Counsel Provide an Incompetent Defense

When Retained Defense Counsel Provide an Incompetent Defense

Judging by my contact with defense counsel, there appears to be a growing trend in the United States where insurers file malpractice suits against counsel retained to defend their insureds. Where the insurer retained defense counsel and there was no reservation of rights, courts have allowed the primary insurer to bring a cause of action against the attorney for malpractice, finding that the attorney represents the insurer, along with the insured, where they have common interests.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.



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