Insurance Practices and Coverage in Liability Defense, Second Edition

Written by nationally recognized insurance law practitioners and academics, Insurance Practices and Coverage in Liability Defense, Second Edition (formerly titled Defending the Insured) provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense.

Each chapter provides a detailed discussion of topics engendered by the duty to defend and the consequent obligations of each of the parties. Reference tables and appendices then survey the law in each state on those topics. The result is a book that provides both a national study and state-specific analysis, allowing practitioners, courts and researchers the ability to see the big picture as well as to focus on and compare how states actually deal with the particular issue.

Topics covered include:

• The use of staff counsel
• Billing guidelines
• Audits of attorneys’ fees
• Reservations of rights
• Communication privileges and issues, and cooperation duties
• Conflicts of interest, control of the defense including independent counsel
• Allocation of defense costs between insurer and insured
• Allocation of indemnity expense between insurer and insured
• Allocation and determination of deductibles and SIRs
• Coverage allocation in multi-year, continuing loss cases, including horizontal and vertical exhaustion, stacking, and “all sums”
• Application and features of judicial remedies of declaratory relief and intervention

Insurance Practices and Coverage in Liability Defense, Second Edition is the book that combines practice and theory, that serves both the insurer and insured, the national practitioner and the local counsel, and informs courts where concurrence and divergence exist on the sometimes thorny, interrelated issues.

• About the Authors
• Chapter 1. Overview of the Duty to Defend
• Chapter 2. The Tripartite Relationship In Insurance Defense: Establishment, Control, Clients and Liability
• Chapter 3. The Tripartite Relationship In Insurance Defense: Cooperation and Communications
• Chapter 4. Use of Staff Counsel
• Chapter 5. Billing Guidelines
• Chapter 6. Defining the Practice of Law
• Chapter 7. Legal Audits
• Chapter 8. Conflicts of Interest and Use of “Independent Counsel”
• Chapter 9. Jurisdictional Survey of Independent Counsel
• Chapter 10. Allocation and Reimbursement of Defense and Indemnity as to the Insured Under One Policy
• Chapter 11. Allocation and Application of Deductibles and Self-Insured Retentions Based on Number of Claims, Occurrences, Acts, and Policies
• Chapter 12. Allocation of Multiple Claims And Policies: All Sums and Pro Rata, Horizontal and Vertical Exhaustion, Stacking, and Application of Deductibles and SIRS
• Chapter 13. Duty to Fund Defense Costs
• Chapter 14. Seeking Judicial Determinations of Coverage: Declaratory Relief and Intervention
• Table of Cases
• Index