Speaking, as I was in the last post, about AILA’s Geoff Masel lecture series, here is the 2006 lecture, delivered by Tony Scotford of Ebsworth & Ebsworth’s Sydney office. It is yet another contribution to the much talked about but little done about problem of insurer-appointed defence lawyers in liability claims and their potentially conflicting duties to the insurer and the insured. I hope he will not consider me too impertinent in reproducing his bibliography as an incomplete list of sources on this question (featuring papers by both Geoff Masel and Greg Reinhardt).
Brownie QC, John, ‘Spotlight on Insurance Issues – Traps involved when solicitors act for the insured as well as the insurer’, Australian Insurance Law Association Conference, 4 June 1998.
Dailey, Dianne K and Bolduan, Linda M, ‘The insured, the insurer, and insurer-retained defense counsel: conflicts of interest in the tripartite relationship’, Australian Insurance Law Conference, Perth, 2-4 September 1998.
Dugdale, DF, ‘Serving Two Masters: The Insurer-Appointed Lawyer’, (1997) 8 Insurance Law Journal 161.
Finn, Paul, ‘Conflicts of Interest and Professionals’ in Professional Responsibility (1987, Legal Research Foundation Inc, New Zealand).
Gee QC, Christopher, ‘Spotlight on Insurance Issues – Common problems in acting for both insurers and insureds’, Australian Insurance Law Association Conference, 4 June 1998.
Gray, Geraldine, ‘Conflicts and Waiver of Privilege in the Insurance Relationship’, (1998) 10 Insurance Law Journal 75.
Ipp, DA, ‘Solicitors’ conflicts of interest in insurance cases’, Australian Insurance Law Conference, Perth, 2-4 September 1998.
Masel, Geoff, ‘Responsibilities and risks for the insurer conducting the defence of an action on behalf of the insured’, (Session 1 – practical advice for insurers and their lawyers and Session 2 – an Australian perspective), Australian Insurance Law Conference, Perth, 2–4 September 1998.
Mills, Michael, ‘Risks and Remedies for Conflicts of Interest – Perspectives of an Insurer’s Lawyer’, (1999) 10 Insurance Law Journal 167.
Mullins, Sean, ‘Conducting an Action on Behalf of the Insurer in the Name of the Insured (A Case for Schizophrenia)’, (1991) 4 Insurance Law Journal 93.
Pickering, Michael, ‘Conflicting Duties of Insurance Lawyers and Intermediaries in Claims Investigation and Management’, (1989) 2 Insurance Law Journal 1.
Reinhardt, Greg, ‘Resolving the dilemma of acting for insured and insurer – some thoughts’, Australian Insurance Law Association, Annual Conference, Hobart, Tasmania, 9-11 November 2005.
- Court orders defendant to tell plaintiff about its liability insurance
- Costs of insurance loss adjusters
- Solicitors’ liability paper; conflicts of lawyers acting for insurer and insured
- More on hire car costs as damages for loss of the use of a chattel in motor vehicle property damage cases
- Getting documents out of insurers