Dentons on Should Liability Insurance Claim Files Be Split and, If So, When? (PDF)
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Every liability insurance claim requires an adjuster to deal with defense issues as to the claim against the insured: it must be evaluated and defended or settled. Some liability insurance claims also present coverage issues, which must also be addressed by an adjuster. This commentary examines whether defense and coverage issues should be handled by the same adjuster or should there be separate adjusters for defense and coverage--and if so, when?
William T. Barker is a member of Denton's Insurance Litigation & Coverage Practice Group and practices in the firm's Chicago office. He has a nationwide practice in the area of complex commercial insurance litigation, including coverage, claim practices, sales practices, risk classification and selection, agent relationships, and regulatory matters. He is the co-author, with Ronald D. Kent of The New Appleman Insurance Bad Faith Litigation, Second Edition and with Charles Silver of the forthcoming Professional Responsibilities of Insurance Defense Counsel; he has written over 100 published articles on insurance and litigation subjects. He has been described as "[t]he leading lawyer commentator" on the relationships between insurance and civil procedure. Charles Silver & Kent Syverud, The Professional Responsibilities of Insurance Defense Lawyers, 45 Duke L.J. 255, 257 & n.4 (1995). He is an Adviser to the American Law Institute project on Principles of the Law of Liability Insurance. He is a member of the Editorial Board of the New Appleman on Insurance Law Library Edition and the New Appleman Insurance Law Practice Guide. He is Editorial Board Director and Senior Contributing Editor of Insurance Litigation Reporter and a member of the Board of Editors of Defense Counsel Journal.
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