Nearly every type of litigator may at one point or another find themselves working on a case involving an insurer. Even for those attorneys who do not routinely practice in “insurance defense” can come across a situation where an insurance policy provides a defense or indemnity coverage for the claim against a client.

The interactions between the attorney, the client, and the insurer in such situations can be a minefield for attorneys who fail to appreciate the complexities of the relationship. The “tripartite relationship” between those three parties (as it is referred to in many jurisdictions) arises from the fact that the insurer has the right to control or direct the defense of the insured through the appointment of defense counsel, while defense counsel in such situations may defend the insured but also have obligations to the insurer.