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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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