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The maze of potentially conflicting financial interests that insurance
creates in litigation inevitably affects the ethical duties of litigation
counsel. This presentation is intended to help the practicing lawyer - by no
means limited to insurance defense counsel! - learn how to comprehend and
navigate that maze. There will be a special focus on hidden ethical perils
that may not only affect the outcome of the underlying dispute, but that
also may generate potential liability for the lawyer and/or put his or her
license at risk. Topics will include the origins and current state of Texas
law on the practicing lawyer’s ethical obligations under the
Tilley and Stowers doctrines; the maintenance or waiver
of privileges while satisfying potentially conflicting ethical and
contractual duties to report and advise; ethical duties with respect to
umbrella insurers, excess-coverage insurers, and reinsurers; and ethical
obligations and opportunities created by coverage disputes, “reservation of
rights” letters, and an insured’s contractual duties of cooperation with
its insurer.
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