A Substantial Conflict of Interest May Prevent an Insurer from Defending an Uninsured Motorist Against Its Own Insured
Clifford, Karl N.
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Discusses the problems that arise when an insurer tries to provide defense counsel for an uninsured motorist in an insured v. uninsured motorist suit. The article focuses on the conflict of interest issue and how only one conflict can disqualify an insurer from defending an uninsured motorist. The author notes, however, the burden on the judicial system to try cases more than once by trying each party’s case separately. Therefore, the author suggests the method proposed by Professor A. Widiss: make the insurer a co-defendant. The method the article suggests would require a joinder of the uninsured motorist and insurer as codefendants in one trial to determine the respective rights and liabilities of all the parties.