Haynes and Boone's Newsroom
Selection of Counsel: Do Insurers or Insureds Choose?
Ernest Martin, Jr., Britton Douglas
Most liability insurance policies obligate the insurer to both indemnify the insured for judgments or settlements and cover the insured’s defense expenses. In other words, the carrier must pay for the insured’s defense counsel. The insurer’s “duty to defend” generally brings with it the right to select defense counsel, but Texas law allows insureds to select independent counsel in certain circumstances.
Excerpted from State Bar of Texas 3rd Annual Business Torts Institute, What Every Business Tort Lawyer Should Know About Insurance Coverage, October 13-14, 2011, Houston, Texas. To read the full paper click on the PDF linked below.
PDF - Selection_of_Counsel.pdf