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OnDemand Course

Ethical Conflicts in the Tripartite Relationship

Learn the ethical conflicts that can arise between insurance carriers, attorneys, and the insured and how their rights are protected.

Not everything shared by a client stays with his/her attorney. Often times, it is shared with the insurance carrier that has retained counsel pursuant to their insurance policy. However, some information cannot be shared with the carrier, to their detriment but to the benefit of the insured. What can an attorney share with his client's insurance carrier and what is he prohibited from doing? What other instances places an insured at risk of being adversarial to his/her own insurance carrier? In theory, the insured, carrier and attorney (forming a tripartite relationship) are in complete alignment in terms of defending a claim. However, in reality, each participant in the tripartite relationship has different goals, obligations and exposure that may be inconsistent with each other. When the parties exercise or express their individual rights, it can negatively impact the legal rights and defenses of the others, sometimes placing counsel in a precarious ethical position. Worse, it can place the insured and carrier in direct conflict. Learn common scenarios where the members of the tripartite relationship are at odds, and how their rights are protected while actively defending a case. Actual real-life scenarios will be discussed to assist you in spotting issues, before they become a problem. This topic will provide information necessary for every participant in the tripartite relationship.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Tripartite Relationship Defined

  • Insured
  • Carrier
  • Counsel

Role of Personal Counsel (4th Member of Tripartite Relationship?)

Sources for Guidance on Tripartite Relationship

Common Instances Where Tripartite Relationship Issues Arise

  • Excess Verdict
  • Punitive Damages
  • Duty to Cooperate
  • Insured Resists Settlement
  • Reservation of Rights
  • Restrictions of Defense Efforts and Expenses
  • Attorney/Client Privilege

Cases of Interest

Hypotheticals

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 5, 2018.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • OR CLE 1.5 including Ethics 1.5
     
  • Approved for 1.5 CLE credits in Oregon, including 1.50 hours of ethics credit.
     
  • WA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit, including 1.50 hours of ethics credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Matthew P. Keris, Esq.

Matthew P. Keris, Esq.

Marshall, Dennehey, Warner, Coleman & Goggin

  • Shareholder in the office of Marshall, Dennehey, Warner, Coleman & Goggin
  • Practice emphasizes 20 years' representation of hospitals and health care systems in medical professional liability claims
  • Conducts regular seminars and workshops on numerous medical malpractice, professional liability and electronic medical records issues
  • Author of several publications related to the areas of medical malpractice, professional liability and electronic medical records issues and wrote the ThomsonReuters book, Electronic Medical Records and Litigation
  • Past president, Pennsylvania Defense Institute; president, Pennsylvania Association for Healthcare Risk Management; ASHRM; DRI; CLM
  • J.D. degree, Roger Williams University School of Law; B.A. degree, cum laude, Shippensburg University of Pennsylvania
  • Can be contacted at [email protected] or 570-496-4602
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401872
Published 2018
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