Perspective
Sep. 17, 2013
Loose lips sink ships: panel counsel and confidentiality
Instead of disqualifying panel defense attorneys who receive confidential information relating to coverage, we should expect panel attorneys to vigilantly maintain client confidentiality. By David Ezra
In Schaefer v. Elder, 217 Cal. App. 4th 1 (2013), the 3rd District Court of Appeal held that the policyholder was entitled to independent counsel when a liability insurer reserved the right to decline coverage if the insured's workers were independent contractors rather than employees. The insurer-appointed defense attorney was disqualified and removed from the case.
This second holding - that panel counsel can be disqualified...
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