Lynda A. Bennett and Eric Jesse discuss insurer-imposed "litigation guidelines" that can handcuff defense counsel's ability to vigorously defend a lawsuit, but that insurance companies see as a "cost saving" mechanism. Often employing a one-size fits all approach for different types of lawsuits, these "guidelines" are not requirements and can actually be negotiated: they are not actual terms or conditions in the policy, they cannot impede an attorney's ethical obligations of zealous advocacy, and courts evaluate the validity of the guidelines against a reasonableness standard. Ultimately, open communication with insurers can ensure a smooth process.

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery Eric Jesse, Partner, Insurance Recovery