Description:
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.
Areas Covered in the Session:
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
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Instructor Profile:
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
- J.D. degree, Roger Williams University School of Law; B.A. degree, cum laude, Shippensburg University of Pennsylvania
- Past president, Pennsylvania Defense Institute; president, Pennsylvania Association for Healthcare Risk Management; ASHRM; DRI; CLM
- Can be contacted at mpkeris@mdwcg.com or 570-496-4602
(Not available outside the US)