In prior blogs, I have discussed liability insurance, including the application of the insuring agreement and exclusions to the existence of coverage, as well as litigating insurance coverage disputes. A related issue...more
• Relationships between insurer, insured and insurer-appointed defense counsel – also known as the "tripartite relationship" – have long been recognized as a potential source of conflicts of interest. By a 5-4 majority in...more
It is well settled that a tripartite attorney-client relationship arises when an insurer retains counsel to defend an action against its insured. As a consequence, confidential communications between counsel and the insurer...more