News & Resources

When an insurer is providing a defense under a reservation of rights, is the insurer required to hire separate counsel?

Sep 29, 2015 in FAQs by

Where coverage is potentially an issue, an insurer must decide whether to (1) assume its insured’s defense without reservation, despite the dispute; (2) obtain a non-waiver agreement after full disclosure of the coverage defenses it seeks to preserve; or (3) send a reservation of rights letter and appoint mutually agreeable defense counsel.

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