Does the Company have the right to Select Counsel?
EPLI policies vary with respect to the right of the insured entity to select counsel. If the policy is a “duty to defend” policy, the defense is tendered to the carrier, which may reserve the right to select counsel. Many carriers utilize a defense panel format, i.e., the insured can select defense counsel from a group of law firms approved by the carrier for inclusion on its defense panel. In contrast to a “duty to defend” policy, a “reimbursement” or “indemnity policy” usually leaves selection of counsel to the insured entity. In these instances, there may not be a panel of defense counsel.