the insured, not the insurer. This means
that, at most, an insurer can influence
strategy and decisions. There are a number of considerations where an insurer
has a duty to defend or is defending under a reservation of rights.
Editor’s Note: In the interest of space, some
citations have been omitted.
Notification of a claim or commencement of a suit requires considering what mustbedone,now. Buttoo
much focus on the present without considering a claim’s entire potential lifes-pan is shortsighted. The possibility of an
appeal should influence an insurer’s decisions at each step of a claim. Defense
counsel in most jurisdictions represent
Legal factors impacting
By Bradley M. Jones, J.D. and Anthony J. Alt, J.D.