Special problems: handling an uncooperative insured.
Defense Counsel Journal › Vol. 70 Nbr. 4, October 2003
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Summary
Part 9 - Manual for lawyers representing insured defendants
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Special problems: handling an uncooperative insured.
Handling an Uncooperative Insured
In the discussion of the scope of a defense lawyer's retention in Chapter II, it was emphasized that defense lawyers are not engaged to handle coverage issues and should steer clear of them. The danger of becoming involved in coverage issues arises when an uncooperative policyholder refuses to answer interrogatories or appear for a deposition. Because defense lawyers encounter uncooperative insureds with some frequency, the subject of dealing them merits separate and more extended treatment. This section contains a general discussion. The next sections focuses on the manner of handling a policyholder who offers unexpected testimony at trial. Standard insurance contracts contain cooperation clauses that obligate policyholders to help insurance companies investigate, defend and settle claims. Yet, few defense lawyers know the ins-and-outs of the cases that construe these clauses, and the nuances are important. Some jurisdictions require prejudice to the carrier before an insured's failure to cooperate will justify a decision to cancel a paid defense. Not all jurisdictions define prej...See the full content of this document
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