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Defense Lawyers' Professional Responsibilites: Part II-Contested Coverage Cases

Georgetown Journal of Legal Ethics, Vol. 15, p. 29, 2001

66 Pages Posted: 18 May 2001 Last revised: 3 Aug 2010

Ellen S. Pryor

UNT Dallas College of Law

Charles Silver

University of Texas at Austin - School of Law

Date Written: 2001

Abstract

Having previously examined the professional responsibilities of insurance defense lawyers in full coverage and excess exposure situations, this article completes our analysis of the field by focusing on situations in which insurance carriers deny that claims against policyholders are covered at all.

In keeping with our prior works, defense lawyers' duties are grounded in the economic and legal structure of the tripartite relationship involving the insurance company, the policyholder, and the defense lawyer. The topics considered include some that are entirely new, such as whether a defense lawyer has a duty to know about coverage law and facts, and some that are others have considered previously, such as whether a conflict of interests necessarily exists at the start of a disputed coverage representation.

Keywords: professional responsibility, legal ethics, liability insurance, insurance defense

JEL Classification: K4

Suggested Citation

Pryor, Ellen S. and Silver, Charles, Defense Lawyers' Professional Responsibilites: Part II-Contested Coverage Cases (2001). Georgetown Journal of Legal Ethics, Vol. 15, p. 29, 2001. Available at SSRN: https://ssrn.com/abstract=267112 or http://dx.doi.org/10.2139/ssrn.267112

Ellen S. Pryor

UNT Dallas College of Law ( email )

1901 Main Street
Dallas, TX 75201
United States
(214) 752-5959 (Phone)

HOME PAGE: http://www.untsystem.edu

Charles M. Silver (Contact Author)

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1337 (Phone)
512-232-1372 (Fax)

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