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Ethical Conflicts in the Tripartite Relationship - Webinar

  • ID: 4071089
  • Webinar
  • 90 Minutes
  • Lorman Business Center, Inc.
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Learn the ethical conflicts that can arise between insurance carriers, attorneys, and the insured and how their rights are protected.

Not everything shared by a client stays with his her attorney. Often times, it is shared with the insurance carrier that has retained counsel pursuant to their insurance policy. However, some information cannot be shared with the carrier, to their detriment but to the benefit of the insured. What can an attorney share with his clients insurance carrier and what is he prohibited from doing? What other instances places an insured at risk of being adversarial to his her own insurance carrier?

In theory, the insured, carrier and attorney (forming a tripartite relationship) are in complete alignment in terms of defending a claim. However, in reality, each participant in the tripartite relationship has different goals, obligations and exposure that may be inconsistent with each other. When the parties exercise or express their individual rights, it can negatively impact the legal rights and defenses of the others, sometimes placing counsel in a precarious ethical position. Worse, it can place the insured and carrier in direct conflict.

Learn common scenarios where the members of the tripartite relationship are at odds, and how their rights are protected while actively defending a case. Actual real life scenarios will be discussed to assist you in spotting issues, before they become a problem. This topic will provide information necessary for every participant in the tripartite relationship.
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Tripartite Relationship Defined
  • Insured
  • Carrier
  • Counsel
Role of Personal Counsel (4th Member of Tripartite Relationship?)

Sources for Guidance on Tripartite Relationship

Common Instances Where Tripartite Relationship Issues Arise
  • Excess Verdict
  • Punitive Damages
  • Duty to Cooperate
  • Insured Resists Settlement
  • Reservation of Rights
  • Restrictions of Defense Efforts and Expenses
  • Attorney/Client Privilege
Cases of Interest

Hypotheticals
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Matthew P. Keris, Esq. - Marshall, Dennehey, Warner, Coleman & Goggin
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This webinar is primarily designed for attorneys. Insurance professionals and other legal professionals may also benefit from attending.
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