Right to Independent Counsel: Effectively Implement An Insurer’s Duty to Defend

New York Law Journal

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PUBLISHED ON: September 27, 2012

What is the “right to independent counsel” in insurance and how does it protect policyholders’ rights? What are the practical ramifications of a defense provided by insurance company-appointed counsel, as opposed to “independent counsel” selected by the policyholder but paid for by the insurance company pursuant to an obligation to defend or to pay defense costs? How does a policyholder activate these protections?