Insured acts too early in conflict suit

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 14, 2017 2:47 PM

Gemini Insurance Co. selected a law firm to defend DePasquale Steel Erectors under a $1 million liability policy when Triumph Construction Services — the general contractor on a project where a warehouse roof collapsed — filed a third-party complaint for $1.7 million in property damage against DePasquale and eight other subcontractors.Based on the alleged conflict of interest created by the $700,000 gap between the policy limit and claimed damages, DePasquale demanded the right to pick independent counsel, to …

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