Be Wary Of Your Insurer's Defense Cost Guidelines

Law360, New York (April 23, 2013, 1:07 PM EDT) -- Insurance policies that include a duty to defend generally provide — explicitly or, in the insurer’s view, by implication — that the insurer gets to select counsel to defend a potentially covered claim.

Insurance policies that provide for the policyholder to defend, with the insurer paying the cost of defense, often give the insurance company the right to provide input into the selection of counsel. And even policies which provide that the policyholder has the right to select counsel and defend commonly state that the insurer...
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