Title

The Enterprise Model of Managing Conflicts of Interest in the Tripartite Insurance Defense Relationship

Document Type

Article

Publication Date

2005

Abstract

The business reality for lawyers hired by insurance companies, the contractual limitations placed on the scope of their representation of the policyholder-client and the limited options such attorneys would face in the event of the loss of insurance company business increases the risk that the attorney’s long-term retention will place the lawyer’s own pecuniary self-interest in conflict with his policyholder client. Any appropriate ethical review of an insurance tripartite relationship must require the inclusion of this pecuniary interest factor. Such review and evaluation requires a neutral arbiter — the courts themselves — to determine whether a conflict exists.

Publication Title

Cardozo Law Review

First Page

193

Last Page

232

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