Learn the ethical conflicts that can arise between insurance carriers, attorneys, and the insured and how their rights are protected.
Liability insurance coverage provides insureds with defense and indemnity coverage for certain covered claims. In most instances, the insurance company, the insured, and the defense counsel the insurance company retains to defend the insured are all aligned with the same goal of obtaining the best possible resolution of the underlying lawsuit. Everyone is rowing smoothly in the same direction. However, sometimes the underlying lawsuits against the insured allege a mix of covered and uncovered claims. When this occurs, the players in the tripartite relationship -- the insured, defense counsel, and insurer -- can become somewhat of a dysfunctional family. When an insurance company is defending an insured under a reservation of rights, it can become a problem when the potential exists for the defense lawyer to develop a case toward a result favorable to the insurer on a coverage issue, on the one hand, or to the policyholder on the other hand. For example, if an underlying complaint alleges mutually exclusive theories of recovery, such as negligence (covered) and intentional torts (not covered), both the carrier and the defense lawyer are put into difficult positions with potential ethical pitfalls. There are at least four main conflicts that may arise when there is a potential coverage dispute: whether the insurer or the policyholder controls the defense; whether the insurer or policyholder controls the flow of information; the reasonableness of the attorney's fees and expenses and attempts by an insurer to manage litigation costs; and whether the insurer or policyholder controls settlement. This presentation addresses the best ways to deal with and avoid the ethical dilemmas that may arise out of the tripartite relationship and will give you an understanding of the roles and duties of all the players before engaging in the relationship.
Add to Wishlist
Credit
More Program Information
Why Lorman?
Over 39 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
Insurer's Right to Control the Defense
- Policy Language Granting Primary Insurer the Right to Control the Defense of the Underlying Lawsuit Against the Insured
- When and How a Conflict Between the Insured and Insurer Affects the Insurer's Right to Control the Defense
- The Insured's Right to Independent Counsel
- The Insurer's Ability to Withdraw From Coverage While Litigation Is Pending
Right to Information
- Underlying Defense Counsel's Role and Duty of Loyalty
- Insurer's Right to Information When Providing an Unqualified Defense
- Primary Carrier's Right to Information When Providing a Defense Under Reservation of Rights
- Excess Carrier's Right to Information When It Has Not Asserted a Coverage Position
Reasonableness of Attorney's Fees
- Issues Around Who Decides What Attorneys' Fees Are Reasonable and Necessary in the Underlying Lawsuit When Independent Counsel Is Utilized
- Use of Insurance Company Panel Firms/Rates When Defending Under Reservation and/or When Insured Has Independent Counsel
- Use of Insurance Company Billing Guidelines When Defending Under Reservation and/or When Insured Has Independent Counsel
Right to Control Settlement
- The Insurer's Obligation and Right to Resolve Covered Portions of the Claim When There Are Covered and Non-Covered Claims
- Addressing Time-Limited Policy Limit Demands When There Are Covered and Non-Covered Claims
- Handling Mediations When There Are Covered and Non-Covered Claims
Add to Wishlist
Credit
More Program Information
Why Lorman?
Over 39 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
This course was last revised on January 26, 2026.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5 including Ethics 1.5
- Alaska attorneys may receive 1.5 hour(s) of continuing legal education, including 1.50 hour(s) of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.6 including Ethics 1.6
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hour(s) of credit, including 1.6 hour(s) of ethics credit.
- AR CLE 1.5 including Ethics 1.5
- This course has been approved for 1.5 hour(s) of CLE by the Arkansas CLE Board, including 1.50 hour(s) of ethics credit.
- Arizona CLE 1.5 including Ethics 1.5
- The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hour(s) toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hour(s) of professional responsibility.
- CA MCLE 1.5 including Ethics 1.5
- Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hour(s) of participatory credit, of which includes 1.50 hour(s) of ethics credit.
- CT CLE 1.5 including Ethics 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
- GA CLE 1.5 including Ethics 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hour(s), including 1.5 ethics hour(s).
- HI CLE 1.5 including Ethics 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hour(s) including 1.50 ethics credit hour(s).
- IA CLE 1.5 including Ethics 1.5
- Ethical Conflicts in the Tripartite Relationship is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) of credit, including 1.50 hour(s) of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule.
- IL CLE 1.5 including Legal Ethics 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
Of that total, credits were approved as Professional Responsibility credits to the Illinois Commission on Professionalism.
- MN CLE 1.5 including Ethics 1.5
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.50 hours of ethics credit.
- ND CLE 1.5 including Ethics 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- NH MCLE 1.5 including Ethics 1.5
- Lorman Business Center, LLC., is approved as an annual NHMCLE sponsor. This program has been approved by the New Hampshire Minimum Continuing Legal Education Board for 1.5 hours of CLE credit, of which includes 1.50 hours of ethics credit.
- NJ CLE 1.8 including Ethics 1.8
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
- 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.
- NY CLE 1.5 including Ethics and Professionalism 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
Please note: This course is only approved for CLE credit in New York and is not eligible for CLE credit in any other jurisdiction.
- OH CLE 1.5 including Professional Conduct 1.5
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours, including Professional Conduct for 1.50 hours.
- PA CLE 1.5 including Ethics 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
- TN CLE 1.52 including Dual 1.52
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.52 hours of credit, including 1.52 hours of dual credit.
- UT CLE 1.5 including Ethics 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
- VA CLE 1.5 including Ethics 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
- VT CLE 1.5 including Ethics 1.5
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
- WI CLE 1.5
- This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.9 including Ethics 1.9
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.9 MCLE hours, including 1.9 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.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.5 including Ethics 1.5
- Arizona CLE 1.5 including Ethics 1.5
- CA MCLE 1.5 including Ethics 1.5
- CT CLE 1.5 including Ethics 1.5
- HI CLE 1.5 including Ethics 1.5
- NM CLE 1.5 including Ethics 1.5
- VT CLE 1.5 including Ethics 1.5
- WA CLE 1.5 including Ethics 1.5
- WV MCLE 1.8 including Ethics 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Add to Wishlist
Credit
More Program Information
Why Lorman?
Over 39 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
Jeanette Bourey, RPLU, CPCU, CLMP, ACP
Markel
Jeanette M. Bourey, JD, RPLU, CPCU, CLMP, ACP
- Director & Associate General Counsel – Claims, Markel Service, Inc.
- Claims service manager for Markel Group, Inc., including Evanston Insurance Company, Markel American Insurance Company, and Markel Insurance Company
- Works closely with underwriters and claims professionals on professional liability claims
- Analyzes and resolves coverage disputes
- Assesses risk and develops litigation strategies
- Conducts claims and coverage training
- 35+ years of experience in insurance and reinsurance coverage, bad faith litigation, and liability defense
- Former private practice attorney at two law firms
- Faculty member, School of Professional Lines, CLM Claims College
Cathleen Kelly Rebar
Rebar Kelly
- Partner & Shareholder, Rebar Kelly and head of the firm’s Liability Practice
- Advises and counsels clients in complex litigation for over 20 years
- Defends claims involving professional liability, construction defect, construction bodily injury, design professionals, and E&O
- Expert in contractual risk transfer, including indemnification and additional insured status
- Represents major construction insurers, prominent architects and engineers, and national retailers
- J.D. degree, Villanova University School of Law; B.A.degree, Long Island University, magna cum laude
Add to Wishlist
Credit
More Program Information
Why Lorman?
Over 39 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.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- OnDemand Courses
- Live Webinars
- MP3 Downloads
- Course Manuals
- Executive Reports
- White Papers and Articles
Additional benefits include:
- State Specific Credit Tracker
- All-Access Pass Course Concierge
Questions? Call 877-296-2169 to speak with a real person.
Access to all training products for one year
$699/year
Unlimited Lorman Training
With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!
Easy Registrations
Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.
Invest in Yourself
You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.
