By Susan P. White
“When a lawsuit has been filed against an insured, it can be a relief when its liability insurer agrees to defend that lawsuit. The insured believes that this defense will be paid and that there is no need to fret over covering defense counsel’s fees and costs, which can be debilitating. Generally, the insurer has the right to choose the defense counsel when the insurer owes a duty to defend its insured. However, there are exceptions to this general rule, which permit the insured to select defense counsel that is ‘independent’ of the insurer.”
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