G. Todd Burwell

G. Todd Burwell

Independent/Moeller Counsel

You Have a Right to Independent Counsel in Insurance Coverage Disputes

When your insurance company represents you under a reservation of rights, there is a conflict of interest between you and your insurance company.  In Mississippi, if you have been sued, and your insurance company is defending you under a reservation of rights, you have the right to choose an attorney to represent your interests and the insurance company is responsible for paying counsel chosen by you.

This conflict of interest was recognized by the Mississippi Supreme Court in the case of Moeller v. American Guaranty and Liability Insurance Company, 707 So.2d 1062 (Miss. 1996).  The Court in Moeller recognized that allowing an insured the opportunity to select its own counsel to defend claims on which the insurer has reserved its rights, can prevent possible prejudice like the insurer gaining access to confidential or privileged information in the process of defending the claim which might later be used by the insurer to its advantage in denying coverage completely or in litigation over coverage issues.  In instances such as this, counsel chosen by you to protect your rights is known as Moeller counsel.

Whether your situation involves personal injury claims, negligence claims, intentional tort claims, or professional liability claims, our attorneys are experienced in representing clients in Moeller counsel situations and can make sure that your rights and/or the rights of your company are protected.
 

 

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