The Tripartite Project

The Foundation sponsored an extensive research project on the relationship between insurance companies, defense lawyers, and insureds. The initial research, conducted by two law professors, became a Duke Law Journal article and resulted in halting a major shift by the American Law Institute in how the relationship is viewed, thus preserving the tripartite relationship and opening a new dialogue.

Phase II of the project addressed problems of excess exposure and claims that mix covered liabilities with non-covered ones. The studies were created to form the basis for guidelines and procedures that defense lawyers can use to avoid or respond to ethical concerns raised by this tripartite relationship. The law review articles provide a scholarly resource to assist attorneys and the courts in dealing with these difficult issues.