Insured gets sued. Insurer hires defense counsel to represent insured. Defense counsel takes over the case, and eventually, the case ends. Most of the time, the carrier and its insured will be satisfied with the result. There...more
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
On April 24, 2020, the First Circuit affirmed the District of Massachusetts’ dismissal of a case against General Electric on forum non conveniens grounds. In 2011, an earthquake-induced tsunami struck the Fukushima Daiichi...more
Most litigators know that a preliminary injunction is a “drastic remedy” which is not “routinely granted.” Reading these words on paper, however, does not adequately convey the high threshold that a party must meet when...more
The Singapore government recently accepted in principle the recommendations of the Tripartite Workgroup addressing challenges faced by self-employed persons in the country’s gig economy....more
In 2017 several key pro-employee developments were introduced in Singapore, including mandatory retrenchment notifications and increased oversight and scrutiny of retrenchment exercises by the Ministry of Manpower, and the...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
Ten years ago, a California Court of Appeal took a relatively narrow view of the attorney-client privilege in conjunction with claims investigation and analysis conducted by a title insurer’s in-house counsel....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
In what may be the continuation of a trend toward the erosion of the attorney-client privilege and work product doctrine in bad faith litigation, another court has held that an insurer’s communications with defense counsel...more