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How To Deal With Insurers’ Litigation Management Guidelines

Law360 (May 15, 2018, 3:39 PM EDT) -- Insurers have broad obligations to defend claims against their policyholders. However, as policyholders quickly learn when facing a claim, insurers often seek to limit these obligations through a wide array of tactics. One common tactic is to insist that attorneys defending a policyholder must comply with guidelines issued by the insurer. These guidelines — often labeled litigation management guidelines, defense counsel guidelines or billing guidelines — seek to impose detailed limitations on defense counsel’s conduct. For instance, many guidelines prohibit or significantly restrict critical legal tasks...
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