oa De Rebus - The independent counsel doctrine and legal advice on insurance coverage - a review of US case law : feature - insurance law

Volume 2016, Issue 561
  • ISSN : 0250-0329



Litigious matters of large companies often involve complex legal issues, which may also result in complex insurance issues. The tripartite relationship between insurer, insured and legal representative originates from the standard liability insurance policy, which typically provides protection against damages arising from a claim against the insured company and the legal costs for defending such a claim. Unless the claim against the insured company clearly shows no grounds for insurance coverage, the insurer will generally defend the claim on behalf of the insured. For these defences the insurer will normally appoint a defence attorney (from their panel of attorneys) with whom they have an ongoing relationship, while the appointed attorney and the insured company will only have limited interaction for the duration of the matter.

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