Case Study: Travelers Property V. Centex

Law360, New York (May 9, 2011, 6:57 PM EDT) -- Policyholders often have difficulty with insurers who exercise their duty to defend by appointing counsel to represent their insured. The insured may be concerned that the insurer merely chose the least expensive counsel available regardless of competence, or that the appointed attorney’s true loyalty lies with the insurance company. For these reasons, policyholders usually prefer to be represented by personal counsel with whom they are more comfortable and have a relationship.

Policyholders may even attempt to oppose or delay the appointed attorney by, for example, rejecting...
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