June 1, 2020

ABA Model Rule 1.9(a) prohibits an attorney from representing another person in a substantially related matter in which that person's interests are adverse to the interests of the former client. But when can a coverage lawyer switch sides? And will doing so always result in disqualification?

Neil Posner, chair of Much's Policyholders' Insurance Coverage group, discusses these questions through a case study of two closely related Supreme Court cases – Persichette v. Owners Insurance Company and Plain v. USAA Cas. Insurance Company – in the American College of Coverage Counsel's June 2020 newsletter.

This article contains material of general interest and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Under applicable rules of professional conduct, this content may be regarded as attorney advertising.