Ventura, CA (December 18, 2009) – Anderson Kill Wood & Bender attorneys David P. Bender Jr., David E. Wood and David A. Shaneyfelt have compiled the first state-by-state guide that describes how each state remedies the conflicts that sometimes occur when an insurance company selects the attorney to represent the insured.

Corporate Policyholders' 50-State Guide: The Right to Independent Counsel equips in-house counsel to address the legal conflicts may occur when a policyholder needs legal representation and the insurance company selects the attorney. Such attorneys are paid by the insurance company and may be beholden to the insurance company for repeat assignments that are the mainstay of the attorney's practice. "The insured will understandably wonder whether the defense lawyer is truly representing their interests," said Mr. Bender."These concerns are well-founded," said Mr. Wood. Courts have considered the rights and duties of each party involved and some view the appointment of an attorney by the insurer as a conflict of interest. Other courts deem it merely a potential for a conflict. Virtually all states oblige the insurer to provide the insured with independent counsel. As the analysis and decisions vary from state to state, it is important for attorneys, risk managers and insurance professionals to have this guide at their fingertips so they know how the conflict is handled in different jurisdictions. Each state recognizes the conflict and gives the insured a right to independent counsel. "Experience teaches that the insured is more likely to maximize benefits when represented by an attorney who has no connection to the insurer," Wood said. Messrs. Bender, Wood and Shaneyfelt are shareholders in the insurance recovery group at Ventura, CA-based Anderson Kill Wood & Bender P.C., the west coast arm of Anderson Kill & Olick, P.C.  Anderson Kill represents policyholders only in insurance coverage disputes, with no ties to insurance companies and no conflicts of interest.The book is available at a cost of $125 and may be ordered through the Anderson Kill website, www.andersonkill.info