Defense Counsel Must Understand Coverage Or Risk Fines

Law360, New York (January 20, 2016, 11:55 AM EST) -- Courts have been placing ever-increasing burdens on defense counsel relating to insurance. Worse yet, some of the esoteric insurance issues that defense counsel are now expected to master fall far outside of traditional defense counsel areas of expertise. The latest example of this is that defense lawyers can be personally sanctioned with monetary fines if they don't correctly understand their client's directors and officers' insurance policies. See Sun River Energy Inc. v. Nelson, 800 F.3d 1219 (10th Cir. 2015). This case serves as a wake-up call, both for defense counsel who fail to recommend to their clients that they retain separate coverage counsel at the outset of any engagement, and for policyholders, who risk losing millions of dollars in insurance if they rely solely on defense counsel for insurance-related advice....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!