In an insurance dispute, the attorneys are often pulled in different directions. They have a duty of loyalty to their clients, which may be the insured, or the insurer, and the duties may conflict. They also have the duty to prevent disclosure of confidential information by either the insured or the insurer. This presentation provides a brief overview of the relationships between assigned and coverage counsel, and in adversarial litigation such as rescission or disclaimer actions how the attorneys should protect their clients by identifying the issues which are and are not in play.
Key topics to be discussed:
What assigned counsel, coverage counsel and counsel for an adversarial insurer can and cannot talk about
What materials can and cannot be exchanged
Recent and relevant case law
The mechanics of including underlying counsel in a coverage dispute without violating ethical guidelines
Date / Time: August 21, 2023
Dan Schiavetta | Russo & Gould, LLP
Dan Schiavetta, Jr. (currently of Counsel to Russo & Gould, LLP, New York, N.Y.) spent twenty years defending Catholic institutions in sexual abuse lawsuits. He is admitted in New York, New Jersey, and all related federal courts. He has also given a number of live presentations and webinars on insurance coverage, electronically stored information in litigation, and defense of nursing homes; and is on the CPLR Committee of the New York State Bar Association.
I. What assigned counsel, coverage counsel and counsel for an adversarial insurer can and cannot talk about | 12:00pm – 12:30pm
II. What materials can and cannot be exchanged | 12:30pm – 1:00pm
Break | 1:00pm – 1:10pm
III. Recent and relevant case law | 1:10pm – 1:40pm
IV. The mechanics of including underlying counsel in a coverage dispute without violating ethical guidelines | 1:40pm – 2:10pm