Insured's Right to Independent Counsel

Summary

This practice note outlines the circumstances that trigger an insured's right to independent counsel. Included is a review of the coverage issues that may create a conflict of interest between the insured and the carrier and a review of states with nuanced triggers for independent counsel. Also discussed are coverage issues that create conflicts of interest between the insured and insurer, whether to assert coverage defenses, the pros and cons of independent counsel, and states with specific requirements for independent counsel. For a full listing of related coverage content, see Insurance Coverage Resource Kit.