Insurer Malpractice Claims Against Defense Counsel: Recognizing, Defending, and Preventing Potential Claims

This CLE webinar will guide insurance defense counsel through the increasingly important topic of insurer claims against defense counsel for legal malpractice committed while defending the insured. The program will review common errors, whether a cause of action exists and who may assert it, how liability is established, whether and how work restrictions and counsel guidelines imposed on defense counsel affect liability, how damages are proved, and whether and how the attorney-client privilege or work product protection of the insured affects the case.

Insurance defense firms face an accelerating risk of legal malpractice claims from the insurers that retain them as well as excess carriers. Recent market research reveals that the severity of malpractice claims is spiking due to increased costs and the complexity of claims.

A growing number of states allow insurers to sue defense counsel, but the theories of liability and defenses vary by jurisdiction. This creates a complicated set of considerations for courts that must consider the applicable law, the relationship between the parties, and relevant policy language.

Establishing liability and proving damages may be further complicated by work restrictions and counsel guidelines as well as the attorney-client privilege or work product protection of the insured.

Listen as this experienced panel shows insurance defense counsel the perils of insurer claims against defense counsel, discusses what kinds of errors give rise to claims, and offers strategies for preventing them.