Monitoring counsel reviews pleadings, discovery, budgets, and evaluations, reporting to the carrier on case handling and exposure. They do not represent the insured and do not appear of record.
The role is common where a reservation of rights is in place.
Alternative Names:
Coverage Monitoring Counsel, Oversight Counsel
Why it Matters?
The relationship raises privilege questions, since communications between defense counsel and monitoring counsel may not be protected as to the insured whose interests the carrier may not share. Where coverage is disputed, information flowing to monitoring counsel may reach the carrier's coverage analysis. Defense counsel should understand what the reservation permits before treating monitoring counsel as within the privileged circle.
Frequently Confused with
Related terms
Frequently asked questions
What privilege question does the role raise?
When is monitoring counsel typically retained?
