The attorneys in Bose McKinney & Evans Insurance Group have significant experience providing claims monitoring services with respect to pending litigation, particularly where insurers defend under a reservation of rights or where the potential excess exposure exceeds available limits.

While panel counsel can be expected to provide competent defense of the insured, they may have an inherent conflict of interest in serving both interests of the insured client.  Conflicts often arise, and under some circumstances, insurers find it appropriate and effective to have a Bose attorney “look over the shoulder” of defense counsel to make sure that the best interests of the client are being served.  This is especially true where there are allegations that may involve claims or theories not covered by insurance, or allegations of punitive or treble damages, which may not be insurable under applicable law.  In those instances, the Bose McKinney & Evans attorneys can and should participate in the development of legal strategy, making recommendations regarding reserves, the preparation and review of discovery responses, the defense of depositions, dispositive motion practice, and at trial and appeal.