Insured's Right to Independent Counsel Checklist

Summary

This Insured's Right to Independent Counsel checklist provides key considerations regarding the circumstances under which an insured has a right to independent counsel. Necessarily, if at all, the issue arises under liability policies in which an insurer has a duty to defend the insured. While the general principles discussed here are mainly intended to guide insureds, their corollaries should guide insurers in fulfilling their responsibilities under the policies. The checklist also addresses reservations of rights, conflicts of interest, waiving the right to independent counsel, and the implications of using panel counsel to defend an insured.