The existence of the tripartite relationship between insured, insurer, and defense counsel is a prevailing concept in insurance defense, as are the duties between the three parties. These obligations stem from the basic principle that an attorney employed by the insurer to represent the insured owes the insured the same obligation of good faith and fidelity as if the insured had retained the attorney personally and, more importantly, the attorney’s primary duty is to further the best interests of the insured.

Originally published in the Daily Journal on May 9, 2019.