Wiley Rein: Insurer's Reservation of Rights Does Not Automatically Give Rise to Right to Independent Counsel | Practical Law

Wiley Rein: Insurer's Reservation of Rights Does Not Automatically Give Rise to Right to Independent Counsel | Practical Law

This Law Firm Publication by Wiley Rein LLP discusses Downhole Navigator, L.L.C. v. Nautilus Ins. Co., (5th Cir. June 29, 2012). In this case before the US Court of Appeals for the Fifth Circuit, the court held that under Texas law, an insurer's reservation of rights does not create a conflict of interest that would give rise to an insured's right to independent counsel where the adjudicated facts in the underlying action are not the same facts upon which coverage depends. The publication discusses the case's factual background and the court's ultimate legal holdings.

Wiley Rein: Insurer's Reservation of Rights Does Not Automatically Give Rise to Right to Independent Counsel

by Wiley Rein LLP
Published on 13 Jul 2012 • Texas
This Law Firm Publication by Wiley Rein LLP discusses Downhole Navigator, L.L.C. v. Nautilus Ins. Co., (5th Cir. June 29, 2012). In this case before the US Court of Appeals for the Fifth Circuit, the court held that under Texas law, an insurer's reservation of rights does not create a conflict of interest that would give rise to an insured's right to independent counsel where the adjudicated facts in the underlying action are not the same facts upon which coverage depends. The publication discusses the case's factual background and the court's ultimate legal holdings.