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 ...

On Friday, the Fifth Circuit handed down its opinion in Downhole Navigator, L.L.C. v. Nautilus Insurance Company, affirming the district court’s ruling that the insured did not have a right to independent counsel.  Analyzing the conflict issue under Davalos, the court concluded that the facts to be adjudicated in the underlying case were not the same facts on which coverage turned as required to preempt the insurer’s right to control the defense. The insured, Downhole Navigator, provides s ...