San diego navy federal credit union et al., Plaintiffs and Respondents, V. Cumis insurance society, inc., Defendant and Appellant Civ. No. 31043 Court of Appeal of California, Fourth Appellate District, Division One


Insurance Law > Claims & Contracts > Costs & Attorney Fees > General Overview



Download 128 Kb.
Page8/17
Date24.05.2021
Size128 Kb.
1   ...   4   5   6   7   8   9   10   11   ...   17
Insurance Law > Claims & Contracts > Costs & Attorney Fees > General Overview

Insurance Law > Claims & Contracts > Fiduciary Responsibilities

Insurance Law > General Liability Insurance > Conflicts of Interest

[HN12] In a conflict of interest situation, the insurer's desire to exclusively control the defense must yield to its obligation to defend its policy holder. Accordingly, the insurer's obligation to defend extends to paying the reasonable value of the legal services and costs performed by independent counsel, selected by the insured.



Insurance Law > Claims & Contracts > Reservation of Rights > Independent Counsel

Legal Ethics > Client Relations > Conflicts of Interest

[HN13] The lawyer's duties in the conflict of interest situation are correlative to the insurer's contractual duty to pay for an independent lawyer when it reserves its rights to deny coverage under the policy. Cal. R. Prof. Conduct 5-102(B) states that a member of the state bar shall not represent conflicting interests, except with the written consent of all parties concerned.






Share with your friends:
1   ...   4   5   6   7   8   9   10   11   ...   17




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page