Program Details
On Demand

Weaponizing Rules 1.4, 1.7, and 1.6 - How Ethics Violations Empower Policyholders When Liability Insurers Reserve Rights and What to Do About It



Content Partner:  Celesq AttorneysEd Center
Price: $243.00*

Add To Cart

* Applicable Membership or Subscription discounts will be added in your shopping cart

Description:
Hundreds of thousands of times per year, defendants are sued whose insurers have reserved their rights to later deny coverage and have appointed panel defense counsel, who may be ethically disqualified from representing the interests of both the insurer and the policyholder. Rules of Professional Conduct 1.4 (disclosure), 1.7 (undivided loyalty) and 1.6 (confidentiality) empower policyholders to regain control of their own defense, and incentivize reserving insurers and panel counsel to support fully funding prompt settlements, at no cost to the policyholder, in as little as a few weeks. 
 
This two-hour course will meld objective legal research with useful practice pointers to guide policyholders and their independent lawyers to enforce their rights, firmly, but politely - all without coverage litigation.
 
Stephen Thomas specializes in insurance coverage for business litigation. Steve’s undergraduate degree is from Brown University in 1970, and his law degree is from Washington University in St. Louis in 1974. 
 
Principal fields of study include duty to defend, conflicts of interest, reservations of rights, the right to independent (Cumis) counsel, lawyers’ ethical obligations, reasonableness of attorney fees, insurer reimbursement claims, good faith reliance on counsel, insurer good or bad faith, and insurance coverage in complex civil litigation.
 
(#0 Minutes) - Introduction: Hypothetical example of ethical conflicts created by reservation of
rights
(#3) - Who Should Take This Course?
(#5) - The Narrow Situation
(#7) - Non-litigation Goals
(#9) - Definitions of terms
(#10) - Well Established Law
(#12) - Universal Rules of Professional Conduct
(#15) - Disparate Case Law
(#18) - Strategies
(#21) - Power – Burden – Proof – Timing
(#26) - Basic Principles Supply Policyholder Power
(#30) - How to trigger the duty to defend
(#33) - Failure to defend may compel payment of adverse judgment
(#36) - Insurer may forfeit coverage defenses without reservation of rights
(#40) - Dependent counsel must comply with Canons of Ethics
(#43) - Performing insurer may seek reimbursement
(#46) - Universal Rules of Professional Conduct
(#49) - ABA and California Rules Are Uniform
(#51) - Rule 1.4: Communication
(#55) - Rule 1.7: Undivided Loyalty
(#1:00) - Rule 1.8: Compensation (Cal. 1.8.6)
(#1:05) - All Of Six Prongs Of Rule 1.4 Must Be Satisfied
(#1:10) - All Of Six Prongs Of Rule 1.7 Must Be Satisfied
(#1:15) - To Get Paid, Dependent Counsel Must Comply With Rule 1.8
(#1:20) - Disparate Case Law
(#1:21) - California (Restatement) Rule
(#1:25) - Per Se Rule
(#1:30) - Enhanced Duties Rule
(#1:35) - How Policyholders Win
(#1:38) - Power; Burden; Proof; Timing
(#1:40) - Develop Admissible Evidence
(#1:42) - The policyholder does the work
(#1:44) - Ethics are owed to vulnerable client
(#1:46) - Policyholder counsel voice hurts the effort
(#1:48) - Record telephone and Zoom calls
(#1:50) - Withhold consent until ethical compliance
(#1:52) - The Primary Jurisdiction Doctrine
(#1:55) - Tools to Achieve Non-litigation Goals
(#1:57) - Insurance Industry Defenses


Practice Areas: Ethics & Professional Responsibility, Insurance Law
Online Media Type: Video
Production Date: 06/29/2023
Level: Intermediate
Category: Standard
Duration: 2 Hours, 6 Minutes
Online Format: On Demand
Course Type: Public

Click here for information on subscription discounts and Group Viewing opportunities.

Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 

 

West LegalEdcenter will not provide accreditation for states not listed. 



CLE Scholarship information
Tuition Assistance for legal professionals taking our programs. Learn more about the program.


This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.







People who bought this program also bought:
There are no current recommendations
E-mail a colleague about this program.
Credit Eligibility:
Click on the jurisdiction to view credit eligibility details for this program

AB, AK, AL, AR, AZ, CA, CEU, CLP, CT, DE, FL, GA, GU, HI, ID, IL-EXPER, IL-NEWADMIT, IN, MS, MT, NC, ND, NF, NH, NJ, NM, NS, NT, NU, NV, NY-EXPER, OH, OK, PA, PE, PR, TN, UK-BSB, UK-SRA, VI, VT, WV, WY, YT
Alaska
Total Credits: 2
Specialty Credits: Ethics 2
Status: Reciprocal Credit Available
Expiration: 06/28/2026
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Request credits for a state not listed.

Check your state requirements and get contact information.
Speakers:
Stephen L Thomas - Thomas & Elliott LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


Page Disclaimer
No page disclaimer found.
Home |  Privacy Notice
(c429zyq.int.thomsonreuters.com)