What fiduciary duty does an attorney hired by an insurance company to defend in an action against the insured owe to the insured?

California, United States of America


The following excerpt is from Bogard v. Employers Casualty Co., 164 Cal.App.3d 602, 210 Cal.Rptr. 578 (Cal. App. 1985):

The attorney hired by the insurance company to defend in an action against the insured owes fiduciary duties to two clients: the insurer and the insured. (Lysick v. Walcom (1968) 258 Cal.App.2d 136, 146, 65 Cal.Rptr. 406; Purdy v. Pacific Automobile Ins. Co. (1984) 157 Cal.App.3d 59, 76, 203 Cal.Rptr. 524.) It is a well accepted and oft repeated principle that the attorney retained by the insurance company for the purpose of defending the insured under the insurance policy owes the same duties to the insured as if the insured had hired the attorney him or herself. It must be recognized, however, that "in reality, the insurer's attorneys may have closer ties with the insurer and a more compelling interest in protecting the insurer's position, whether or not it coincides with what is best for the insured."

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