Case Law Suggests Counsel Should Advise Clients About Available Insurance

We often remind risk managers that timely notice to their insurance carrier should be high on their checklist of immediate steps to take when a new claim comes in the door. Based on recent New York precedent, defense counsel are likewise advised to raise the issue of available insurance with their clients when counsel are first retained to defend a new claim. In this article, partner Howard Epstein and special counsel Theodore Keyes discuss recent case law concerning defense counsel’s role in the investigation of available insurance.