How To Deal With Insurers’ Litigation Management Guidelines

May 05, 2018
Law360

Insurers have broad obligations to defend claims against their policyholders.
However, as policyholders quickly learn when facing a claim, insurers often seek to
limit these obligations through a wide array of tactics. One common tactic is to
insist that attorneys defending a policyholder must comply with guidelines issued
by the insurer. These guidelines — often labeled litigation management guidelines,
defense counsel guidelines or billing guidelines — seek to impose detailed
limitations on defense counsel’s conduct. For instance, many guidelines prohibit or
significantly restrict critical legal tasks such as: (1) engaging in intrafirm
communications; (2) sending multiple professionals to participate in depositions,
court appearances and meetings; (3) conducting legal research; (4) drafting and
filing certain motions; (5) retaining expert witnesses; and (6) conducting nonparty
depositions.

Click here to read the entire article originally published in Law360.

Daniel Wolf is an associate at Gilbert LLP.  Click here to read his full biography.

Law360

Gilbert LLP is a Washington-based law firm specializing in litigation and strategic risk management, insurance recovery and complex dispute resolution.