Insured's Right to Independent Counsel and Related Issues State Law Survey

Summary

This survey provides a summary of the current state of the law regarding independent counsel. It tracks various issues relating to this topic, including jurisdictions in which independent counsel is not required or where any reservation of rights creates the right to independent counsel, jurisdictions where an actual conflict about control of a defense creates the right to independent counsel, who selects defense counsel, whether a duty to inform an insured of its right to independent counsel exists, and the statutory and/or case law authority supporting these principles. The survey covers all 50 U.S. states and the District of Columbia. In jurisdictions where no case is precisely on point, the best prediction of how an issue will be resolved is provided.