Advisory Opinion: 1136

Year Issued: 1988

RPC(s): RPC 1.7

Subject: Conflict of interest; attorney retained by insurance company to represent insured

The Committee understands that you were retained by an insurer to defend a doctor in a medical malpractice claim in which the plaintiff is now seeking to set aside a settlement. [There was a dispute regarding the client's insurance coverage and the insurance company denied coverage for a cross-claim by the co-defendant hospital for failing to comply with insurance coverage requirements.] Based upon the facts presented by you, the Committee was of the opinion that you must advise the doctor and the insurer that you must withdraw and new counsel must be substituted for the doctor, and that the insurance company should be advised to seek its own counsel.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.