Insurance defense counsel: who is the client?
Article Abstract:
Whether the insurer and defense counsel enjoy an attorney-client relationship has long been a matter of controversy, and this was highlighted by the Michigan Supreme Court decision in Atlanta International Insurance Co v Bell. While the Michigan court did not find an attorney-client relationship, most jurisdictions do find that such a relationship exists between insurer and defense counsel. In this situation counsel has two masters, and the courts have not provided much guidance on who the duty of care is owed to. The ABA ethical guidelines on the subject were rescinded in 1980.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
The role of defense counsel in the tripartite relationship
Article Abstract:
The tripartite relationship between insured, insurer and the attorney hired to represent the insured by the insurer is confusing and a recent decision by the Michigan Supreme Court does little to clarify the overall situation. The Court ruled in Atlanta International Insurance Co v Bell that the attorney may be held accountable to the insurer, but this decision runs counter to numerous previous decisions involving the same issues. Furthermore, the Model Code and Model Rules do not resolve these issues for which specific guidelines are needed.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Obtaining evidence in England: the role of United States counsel
Article Abstract:
US lawyers can obtain evidence from companies in the United Kingdom by following the Federal Rules of Civil Procedure or the Hague Evidence Convention. Attorneys can save time and money by using Rule 29 of the Federal Rules and being aware of the British corporate practice of voluntarily providing evidence. US attorneys can also obtain help from British solicitors.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Protectionism versus free trade: implementing the GATT antidumping agreement in the United States. Binding the states: a survey of state law conformance with the standards of the GATT Procurement Code
- Abstracts: An empirical survey and proposed Bankruptcy Code section concerning the propriety of bidding incentives in a bankruptcy sale of assets
- Abstracts: The Civil Rights Act of 1991: continuing violation and the retroactivity controversy
- Abstracts: Insurance companies should divest their tobacco investments. Tobacco money lights up Congress
- Abstracts: The standard of review for the voluntariness of a confession on direct appeal in federal court. Taming a phoenix: the year-and-a-day rule in federal prosecutions for murder