by Andrew Grigsby

Florida courts have addressed the mutual rights and responsibilities of the insurer and the insured where the insurance company offers a defense under a reservation of the right to deny coverage. The courts have rules on issues regarding the control of the litigation, the effects of conflicts on the right to mutually agreeable counsel or co-counsel paid for by the carrier, recovery of defense costs by both the carrier and the insured, and the nature and effect of a rejection of a defense under a reservation of rights by the insured.

In this article, reprinted by permission of The Florida Bar Journal, Mr. Grigsby discusses:

• Florida Calims Administration Statute
• Common Law Under a Reservation of Rights
• Acceptance of a Defense Under a Reservation of Rights
• Rejection of the Defense

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This publication has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.