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Expert Analysis - Opinion

Ill. Courts Should Not Conflate Insurers And Defense Counsel

By Brian Bassett and Kyle Dickinson ( October 30, 2018, 1:40 PM EDT) -- When an insurer provides a defense to its insured in a claim or lawsuit, the insurer is often able to assign defense counsel of its choice. Often referred to as the tripartite relationship, the relationship between an insurer, its insured and assigned defense counsel is not always free from conflict. Nevertheless, those three parties usually work together in responding to a claim that the insured is liable for some third party's damages. Although the interests of those three parties in defending a lawsuit against the insured are often aligned, the fact remains that they are three separate and distinct entities....

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