Failure to discover that your company may have had insurance coverage could cost your company. You must make it clear who is responsible for seeking insurance coverage and dealing with your insurance coverage issues: in-house counsel, outside defense counsel, or outside coverage counsel. The best place to allocate those responsibilities is in your company's engagement letters and guidelines for working with outside counsel. Thus, in selecting a law firm to defend a case, it is critical to determine whether that firm has sufficient insurance coverage experience. If it does not, it is advisable to retain separate coverage counsel early on.
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