Unigard Insurance Group v. O'Flaherty & Belgum

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding when no actual or apparent conflict exists, the attorney has a dual attorney-client relationship with both the insurer and the insured
• absent coverage dispute or other conflict, defense counsel has dual attorney-client relationship with insurer and insured
• “A defendant claiming that the Workers’ Compensation Act protects him from an action at law bears the burden of pleading and proving that the Act bars the employee’s remedy.”
• “[W]hen, pursuant to insurance policy obligations, an insurer hires and compensates counsel to defend an insured, provided that the interests of the insurer and insured are not in conflict, the retained attorney owes a duty of care to the insurer .... ”
• “[Wjhen, pursuant to insurance policy obligations, an insurer hires and compensates counsel to defend an insured, provided that the interests of the insurer and insured are not in conflict, the retained attorney owes a duty of care to the insurer.... ”

Source: CourtListener parenthetical corpus (CC0).