Abstract
A typical characteristic of modern liability insurance policies is a promise by the insurer to defend insureds against liability for certain covered events. The insurer has traditionally met the defense promise by retaining attorneys to act on behalf of insureds. The resulting relationship among insurer, insured and defense attorney is one of potentially inconsistent interests. While this relationship has been subjected to substantial judicial, professional and academic commentary, no clear guidelines have evolved for adequately resolving the conflicts. The purpose of this article is to explore this unwieldy relationship and the common contexts in which these inconsistent interests pose problems for the defense attorney, and to present a solution which eliminates the problems by eliminating the conflicts. The article expresses a preference for the representational interests of insureds, but offers insurers equally viable methods for protecting their own interests in prudent claims administration.
Recommended Citation
Morris, John K.
(1981)
"Conflicts of Interest in Defending Under
Liability Insurance Policies: A Proposed
Solution,"
Utah Law Review: Vol. 1981:
No.
3, Article 1.
Available at:
https://dc.law.utah.edu/ulr/vol1981/iss3/1