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When Is an Insured Entitled to Independent Counsel?

This article discusses the judicial and legislative bases for the right to independent counsel and identifies situations/circumstances where courts have or have not found that such a right exists.

57 minute read July 27, 2011 at 11:14 AM
By
Martin J. O'Leary and Kirsten A. Mickelson
When Is an Insured Entitled to Independent Counsel?

A claim is made against the insured. The insurer has a duty to defend. The insurer agrees to defend subject to a reservation of rights, and refers the matter to panel counsel.

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