Insurance Carriers Form of Consent to Settle

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91 N.J.L.J. 806
December 12, 1968
 
 

ADVISORY COMMITTEE ON PROFESSIONAL ETHICS
 
Appointed by the New Jersey Supreme Court
 

OPINION 142

Insurance Carriers
Form of Consent to Settle

This inquiry is whether or not during litigation an attorney for an insurance carrier may provide his client a "blanket" form of consent to settlement negotiations between carrier and claimants' attorneys.
In our Opinion 132, 91 N.J.L.J. 369 (1968), we held that Canons of Professional Ethics, Canon 9 requires claimants' attorneys to refrain from contact with a carrier without express permission from the carrier's attorney.
This inquiry deals merely with a method of expressing such consent. We see no ethical objection to any reasonable means employed to provide a clear manifestation of consent to negotiate directly with claimants' attorneys. Whether the form used be on an individual case basis or in a "blanket" style is a matter for determination by the respective carriers' attorneys.

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