I. Statement of Policy:
It is expected that appointed defense counsel and coverage counsel (herein referred to as Defense Counsel) except where indicated, will be familiar with and follow the defense and coverage litigation management guidelines outlined in this document.
These guidelines are to remain confidential and must not be copied in whole or in part, or distributed beyond defense counsel. Inappropriate distribution of these guidelines may be a basis for termination of the attorney-client relationship. At the termination or
cessation of the attorney-client relationship, the guidelines must be returned or alternatively destroyed. Insurer reserves the right to modify the current Litigation Guidelines as often as deemed necessary and at insurer's sole discretion.
II. Introduction:
American Modern takes care in retaining legal counsel and has retained your firm because we value your legal expertise, judgment, and professional integrity. Our goal is to foster teamwork and productive partnerships.
In most cases, when your firm is retained, you will receive a formal assignment either via email or letter outlining the scope of the representation, the attorney we wish to have work on the file, and any other unique elements of the assignment. Any new assignment should be reviewed in conjunction with the content of these guidelines.
Ill. General Purpose of Litigation Guidelines:
The Insurer expects to work with Defense Counsel and its client to achieve the best result for the client in an efficient manner consistent with the Defense Counsel's ethical obligations. Nothing contained herein is intended to, nor shall, restrict Defense Counsel's exercise of independent professional judgment in rendering legal services for the Insured or otherwise interfere with any ethical directive governing the conduct of Defense Counsel. This does not relate to coverage counsel.
IV. Defense Counsel's Ethical Duty:
The Defense Counsel's ethical duty is always to its client(s). Various jurisdictions define the "client" differently and these Guidelines must be construed in accordance with the Defense Counsel's ethical obligations in the applicable jurisdiction. Nothing
in these Guidelines should ever be construed to interfere with the Defense Counsel's ethical duty to their client(s).
