Friday, July 21, 2017
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Category: Ethics

Amy Elizabeth Stewart to Present at Advanced Insurance Law Course

Amy Elizabeth Stewart, of Amy Stewart PC, along with David H. Timmins, of Gardere Wynne & Sewell, and Alan D. Freudenheim of Firemans' Fund Insurance Company, will present "A Practical Guide to Common Ethical Dilemmas for Coverage Lawyers and Defense Counsel" at the Texas Bar CLE's Advanced Insurance Law Course 2014.  The panel discussion is scheduled for 12:15 p.m. on Thursday, April 24 at the Westin Oaks in Houston, Texas. The 45-minute presentation provides .75 ...

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Dallas Insurance Coverage Lawyer Amy Stewart to Present Jury Strategies

Amy Elizabeth Stewart will co-present “Jury Speak: What Matters to Jurors in Insurance Cases?” at the 17th Annual Insurance Law Institute at noon on October 19 at the Courtyard Marriott in Austin. The Institute is presented by the Insurance Law Section of the State Bar of Texas and the University of Texas School of Law. Ms. Stewart will present with jury consultant Kacy Miller, of Dallas’ CourtroomLogic Consulting. Their seminar, which offers .75 hour of CLE, will discuss the cha ...

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Conflicts and Ethical Issues in the Tripartite Relationship

Amy Stewart’s presentation on the ethical considerations in the tripartite relationship is available here. Ms. Stewart has spoken and written extensively on this issue, most recently at a June 19 event for in-house counsel.  The tripartite relationship is the relationship between the insurer, its insured and defense counsel engaged by the insurer to represent the insured in a potentially covered third-party claim. The presentation, “Navigating the Ethical Current: Evaluating Conflicts an ...

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Navigating the Ethical Current :: Conflicts of Interest in the Tripartite Relationship (Part Three)

Considering the conflicts of interest imbedded like landmines in the tripartite relationship, the Texas Supreme Court has clearly articulated defense counsel’s obligations under Texas law.  Nearly 40 years ago, the Texas Supreme Court addressed these issues in the Tilley case.  Employers Cas. Co. v. Tilley, 496 S.W.2d 552 (Tex. 1973).  The standard is surprisingly simple.  The lawyer appointed by the insurer to defend the insured owes a duty of undivided loyalty to the insured.

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Navigating the Ethical Current :: Conflicts of Interest in the Tripartite Relationship (Part Two)

This is the second post in a four-part series analyzing the competing interests inherent in the tripartite relationship, which has long been recognized as "a source of unending ethical, legal, and economic tension.”  State Farm Mut. Auto. Ins. Co. v. Traver, 980 S.W.2d 625, 633 (Tex. 1998) (Gonzales, J., dissenting).  This post focuses on conflicts of interest commonly encountered in the tangled relationships between and among defense counsel, the insured, and the insurer.

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Navigating the Ethical Current :: Conflicts of Interest in the Tripartite Relationship (Part One)

The competing interests inherent in the relationship between the insurance company, its insured, and defense counsel—called the “tripartite relationship”—have long been recognized in the defense of lawsuits covered by insurance.  “[This] so-called tripartite relationship has been well documented as a source of unending ethical, legal, and economic tension.”  State Farm Mut. Auto. Ins. Co. v. Traver, 980 S.W.2d 625, 633 (Tex. 1998) (Gonzales, J., dissenting).  This four-post series will examine the inherent tension in the tripartite relationship, commonly-encountered conflicts, defense counsel’s ethical obligations, and best practices for defense counsel.

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Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.


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  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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