Defence Counsel and Coverage Issues: Assisting Insurers in Avoiding Bad Faith Claims

The changing legal landscape respecting the duties of insurers and the consequences of breaching those duties has an impact on the role of defence counsel. In this paper we review the duties of insurers, the ethical obligations of counsel in the tripartite relationship and the impact defence counsel can have on insurers’ liability, focusing on matters where the insurer and insured have conflicting interests.

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