Abstract

http://ssrn.com/abstract=1410868
 


 



Insurer, Insurer-Retained Counsel, Insured: A Reexamination of Conflict of Interest in the Tripartite Relationship


Michael A. Berch


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Rebecca White Berch


affiliation not provided to SSRN

1988

Journal of Air Law & Commerce, Vol. 54, p. 689, 1988

Abstract:     
Last year a crash at the Dallas/Fort Worth International Airport prompted concern about the ethical propriety of attorneys soliciting prospective clients. While the media focused on this issue, we reflected on the ethical problems that confront an attorney selected by the insurer to represent the prospective defendants, which often include the manufacturer of the airplane, the airline, and the airline's agents and employees. The interests of the potential defendants, their insurers and insurer-selected counsel may actually or potentially conflict. How to accommodate these differing interests in the burgeoning field of tort litigation is the subject of this article. The article focuses upon the need to establish a uniform rule to alleviate conflicts of interest between insurer and insured – conflicts that divide the loyalties of attorneys retained by insurers to represent insureds. After reviewing the background of the conflict and the applicable rules of professional responsibility, we will analyze Texas law and propose a rule that will reduce the conflict burden on the insurer, insured, and counsel.

Number of Pages in PDF File: 31

Keywords: ethics, conflict of interest, insurance law

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Date posted: May 28, 2009  

Suggested Citation

Berch, Michael A. and White Berch, Rebecca, Insurer, Insurer-Retained Counsel, Insured: A Reexamination of Conflict of Interest in the Tripartite Relationship (1988). Journal of Air Law & Commerce, Vol. 54, p. 689, 1988. Available at SSRN: http://ssrn.com/abstract=1410868

Contact Information

Michael A. Berch (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Rebecca White Berch
affiliation not provided to SSRN
Feedback to SSRN


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